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30 Apr 2019, 10:23 am by Cynthia Marcotte Stamer
Health plans must deliver electronic protected health information (“ePHI”) to electronic applications or software (“apps”) used by plan members, and are responsible under the Health Insurance Portability & Accountability Act (“HIPAA”) Privacy and Security Rules for the security of electronic protected health information (“ePHI”) on apps they sponsor or provide, according to new guidance from the Department of Health & Human Services… [read post]
9 Mar 2016, 9:01 am by Cynthia Marcotte Stamer
By: Cynthia Marcotte Stamer Employers, health plans and individual taxpayers should be concerned about reports of deficiencies in the eligibility and enrollment tracking procedures of some health insurance exchanges or “marketplaces” created under the Patient Protection and Affordable Care Act (ACA) that are likely to identify individuals enrolling in health insurance coverage offered through the Healthcare.gov and certain state health insurance exchanges or “marketplaces” as… [read post]
21 Aug 2015, 11:24 am by Cynthia Marcotte Stamer
Employers sponsoring health plans and members of their management named as plan fiduciaries or otherwise having input or oversight over the health plan should verify their company’s group health plan meets the out-of-pocket maximum rules of the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1) as well as a long list of other federal health benefit rules to minimize the risk that violations will compel the sponsoring employer to self-assess, self-report on IRS Form 8928, and… [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
About The Author A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecturer and policy advocate, recognized as among the “Top Rated Labor & Employment Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa &… [read post]
19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
Ranching businesses that employ foreign workers with H-2A VISAs to herd sheep, goats, cattle or other range livestock (“Herders”) should begin preparing to comply with significant changes in the Labor Department regulations governing the recruitment and employment of Herders made in the new Labor Department Final Regulation on Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range (Final Rule). [read post]
18 Nov 2018, 8:30 pm by Cynthia Marcotte Stamer
Self-insured employer and union sponsored health plans, health insurers and other health care payers, health care providers, managed care and practice management service providers and others structuring or working with preferred provider or other managed health care contracts should weigh the potential implications on their health plan provider agreements and managed care practices of the antitrust lawsuit  jointly brought by the U.S. [read post]
15 Dec 2018, 7:41 am by Cynthia Marcotte Stamer
About the Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® 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 Care” and… [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
Employers frustrated with the current Fair Labor Standards Act (“FLSA”) rules defining what forms of payment employers must count as part of an employee’s “regular rate” when calculating overtime should evaluate and consider expressing support for the Department of Labor’s proposal announced today (March 28, 2019) to update its more than 50-year old regulations implementing the regular rate requirements under section 7(e) of FLSA  in 29… [read post]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
U.S. businesses should move quickly to express strong support for the Joint Employer Status under the Fair Labor Standards Act Rule proposed by the Department of Labor today to help reduce their exposure to liability to pay overtime or other liabilities of subcontractors or other businesses under the Fair Labor Standards Act (FLSA). [read post]
13 Jul 2018, 10:37 pm by Cynthia Marcotte Stamer
A flurry of activity in the House Ways & Means Committee and other Congressional committees over the past few weeks signals the advisability of keeping a close eye on health care and health benefit reform proposals this Summer in anticipation of both the Fall health benefit enrollment and renewal season and the mid-term November Congressional elections. [read post]
8 Jan 2019, 12:38 pm by Cynthia Marcotte Stamer
Interoperability will be a key priority for the Office of the National Coordinator for Health Information Technology (“ONC”) going forward. [read post]
27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other  protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]
24 Apr 2022, 3:00 am by Monica Williamson
American Indian Law Center, Inc. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Employer and other sponsors of non-grandfathered group health plans, their insurers, administrators and fiduciaries should adjust the co-payment, deductible and out of pocket limits applicable for the 2015 plan year to reflect the recent adjustment in the out-of-pocket limits on essential benefits allowed by that the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1). [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecturer and policy advocate, recognized as among the “Top Rated Labor & Employment Lawy [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Health Plans, Sponsors & Business Associates Should Verify Plan’s HIPAA Compliance Employers and other health plan sponsors and the health plan fiduciaries and business associates providing services involving dealings on behalf of the plan with protected health information just received another reminder to confirm and be prepared to prove all required business associate agreements are in place and that the health plans otherwise properly are administering all policies, practices,… [read post]
30 Jun 2015, 10:53 am by Cynthia Marcotte Stamer
., a member of Stamer│Chadwick │Soefje PLLC, author, pubic speaker, management policy advocate and industry thought leader with more than 27 years [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecturer and policy advocate, recognized as among the “Top Rated Labor & Employment Lawy [read post]