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25 Aug 2016, 1:18 pm by Orin Kerr
But matters aren't so simple in part because messages are often passed on among parties. [read post]
17 Aug 2016, 9:30 pm by D. Daniel Sokol
This essay is part of RegBlog’s five-part series, Innovations in Teaching Regulatory Law. [read post]
21 Jul 2016, 12:41 pm by Jesse Salen and Rebecca Edelson
Ex parte seizure if “necessary to prevent the propagation or dissemination of the trade secret” and only in “extraordinary circumstances. [read post]
11 Jul 2016, 1:52 pm by Juan C. Antúnez
Typically, we start with an emergency temporary guardianship case and an ex parte motion to freeze assets, although some cases can proceed without a determination of incapacity depending on the exploitation definition, such as the joint account provision or negligent use of funds. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Since violations of the Privacy Rule trigger substantial civil or even criminal penalties under HIPAA, Plans, their fiduciaries, service providers acting as business associates and other members of their workforce need to verify that the disclosure meets all of the requirements to fall within an exception to the Privacy Rule’s prohibition against disclosure before allowing such a disclosure Before Gobeille, many self-insured Plans and their administrators treated the disclosures of… [read post]
22 May 2016, 4:00 am by Barry Sookman
-> Certain Provisions of California Resale Royalty Act Are Preempted by the Copyright Act https://t.co/LgbvcSnoLA -> Frenemies of the TPP https://t.co/IlcKjKC0iX -> ‘We’re not under the gun’ to ratify TPP, says Liberal trade rep | https://t.co/LNJC2OvNa5 -> Oracle vs. [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
  As part of their efforts to monitor and respond to state law developments, employers and others interested in more information about the Funding Opportunity Announcement can learn more here. [read post]
3 May 2016, 1:42 am by Dennis Crouch
Ex Parte Wood & Brundage, 22 U.S. 603 (1824) McCormick Harvesting Mach. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 On Coverage of Colonoscopies Pursuant to USPSTF Recommendations Concerning colonoscopies, FAQ 31 states that because the Agencies view preparation for a preventive screening colonoscopy an integral part of the procedure, bowel preparation medications, when medically appropriate and prescribed by a health care provider, are an integral part of the preventive screening colonoscopy that group health plans and health insurers must cover without cost sharing, subject to… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 On Coverage of Colonoscopies Pursuant to USPSTF Recommendations Concerning colonoscopies, FAQ 31 states that because the Agencies view preparation for a preventive screening colonoscopy an integral part of the procedure, bowel preparation medications, when medically appropriate and prescribed by a health care provider, are an integral part of the preventive screening colonoscopy that group health plans and health insurers must cover without cost sharing, subject to… [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
As part of these rules, the “Business Associate” requirements of the Privacy Rule prohibit Covered Entities from disclosing or allowing business associates to use, and business associates from receiving or using protected health information unless the parties first enter into a written business associate agreement that complies with the requirements of the Privacy Rules. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
As part of these rules, the “Business Associate” requirements of the Privacy Rule prohibit Covered Entities from disclosing or allowing business associates to use, and business associates from receiving or using protected health information unless the parties first enter into a written business associate agreement that complies with the requirements of the Privacy Rules. [read post]
17 Apr 2016, 9:01 pm by Joseph Margulies
In fact, however, the reforms actually being implemented fall disproportionately on a very small part of the criminal justice spectrum. [read post]
13 Apr 2016, 11:16 am by Daniel Shaviro
  Leaving aside the disaggregation problem as between the two parts of income (which fits into part 2 below), I tend to take the same view of this as of the diversion issue. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
A fee or compensation is paid “in connection with or as a result of” such transaction or service if the fee or compensation would not have been paid but for the transaction or service or if eligibility for or the amount of the fee or compensation is based in whole or in part on the transaction or service. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
A fee or compensation is paid “in connection with or as a result of” such transaction or service if the fee or compensation would not have been paid but for the transaction or service or if eligibility for or the amount of the fee or compensation is based in whole or in part on the transaction or service. [read post]