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25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
While Congress and the Trump Administration continue to ponder and debate what if anything to do with the health care reforms of the Patient Protection and Affordable Care Act (ACA), employer and other health plan sponsors, health plan insurers, plan fiduciaries and others responsible for health plan design, administration or funding must take steps to verify their past and continuing compliance with the ACA and other federal mandates while laying the groundwork to respond quickly… [read post]
24 Apr 2017, 5:08 pm by Cynthia Marcotte Stamer
CCDH Sanctions For Violation Of HIPAA Business Associate Agreement Rules The CCDH Resolution Agreement arises from violations of this requirement that OCR says it discovered as a result of a compliance review conducted in response to an OCR investigation of a CCDH business associate, FileFax, Inc. [read post]
14 Mar 2017, 7:33 am by Ronald Mann
For its part, Lexmark confines itself almost entirely to a careful and detailed reconstruction of the court’s precedents. [read post]
1 Mar 2017, 12:55 pm by Cynthia Marcotte Stamer
About The Author Recognized by LexisNexis® Martindale-Hubbell® as a “AV-Preeminent” (Top 1%/ the highest) and “Top Rated Lawyer,” with special recognition as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health… [read post]
16 Feb 2017, 3:01 pm by Cynthia Marcotte Stamer
MHS, a nonprofit corporation which operates six hospitals, an urgent care center, a nursing home, and a variety of ancillary health care facilities throughout the South Florida area with affiliated physician offices through an Organized Health Care Arrangement (OHCA) also agreed to implement a robust corrective action plan as part of the Resolution Agreement. [read post]
2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
The Proposed Determination notes, for instance, that: A Security Gap Analysis and Assessment conducted for Children’s December 2006-February 2007 by Strategic Management Systems, Inc. [read post]
  As we close out the year, we pause to review important developments in agricultural law from 2016. [read post]
  As we close out the year, we pause to review important developments in agricultural law from 2016. [read post]
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. [read post]
15 Jun 2016, 8:08 am by Kevin LaCroix
Today is a good time, however, for careful analysis of these recent SEC pronouncements and their underlying rationale and regulatory provenance. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
The Vermont law challenged in Gobeille required health insurers and other payers to disclose treatment information about Plan members as well as other certain health care claim payment and other data to an all payer claims database, which under the law is made “available as a resource for insurers, employers, providers, purchasers of health care, and State agencies to continuously review health care utilization, expenditures, and performance in Vermont. [read post]
14 May 2016, 3:34 am by Florian Mueller
Further below you can find a very long list of items in the evidentiary record of Oracle v. [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
  Well-known for her extensive work with health care, insurance and other highly regulated entities on corporate compliance, internal controls and risk management, her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
   FAQ 12 also states group health plans and insurers may use reasonable medical management techniques to control costs and promote efficient delivery of care, such as covering a generic drug without cost sharing and imposing cost sharing for equivalent branded drugs provided that the plan or insurer accommodates any individual for whom a particular drug (generic or brand name) would be medically inappropriate, as determined by the individual’s health care provider,… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
   FAQ 12 also states group health plans and insurers may use reasonable medical management techniques to control costs and promote efficient delivery of care, such as covering a generic drug without cost sharing and imposing cost sharing for equivalent branded drugs provided that the plan or insurer accommodates any individual for whom a particular drug (generic or brand name) would be medically inappropriate, as determined by the individual’s health care provider,… [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
The Resolution Agreement and Corrective Action Plan (Resolution Agreement) with Raleigh Orthopaedic Clinic, P.A. of North Carolina (Raleigh Orthopaedic) announced by OCR on April 20th requires Raleigh Orthopaedic to pay $750,000 to settle  charges OCR it violated the Privacy Rule by handing over protected health information of approximately 17,300 patients to a potential business partner without first executing a business associate agreement. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
The Resolution Agreement and Corrective Action Plan (Resolution Agreement) with Raleigh Orthopaedic Clinic, P.A. of North Carolina (Raleigh Orthopaedic) announced by OCR on April 20th requires Raleigh Orthopaedic to pay $750,000 to settle  charges OCR it violated the Privacy Rule by handing over protected health information of approximately 17,300 patients to a potential business partner without first executing a business associate agreement. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Employer and other employee benefit plan sponsors, benefit plan committees and fiduciaries, and the broker-dealers, financial advisors, insurance agents and other plan service providers that provide investment-related platforms, advice, recommendations or other services for employee benefit plans need to reevaluate the fiduciary status of their service providers and begin restructuring as necessary their associated relationships, service provider commission or other compensation, service agreements… [read post]