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26 Apr 2017, 6:14 pm by Cynthia Marcotte Stamer
A new Department of Health and Human Services Office of Civil Rights (OCR) CardioNet Resolution Agreement and Corrective Action Plan  (Resolution Agreement) settling OCR charges of violations of the Privacy and Security Rules of the Health Insurance Portability & Accountability Act against remote cardiac monitoring provider CardioNet provides important lessons for health plans, health insurers telemedicine and other healthcare providers, healthcare clearinghouses (Covered… [read post]
26 Apr 2017, 1:35 pm by Ronald Mann
Goldstein for respondents (Art Lien) So, for example, one group of justices thought his argument failed to give due weight to the states outside California. [read post]
25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
  Sponsors and plan fiduciaries also need to be concerned about other risks beyond sponsoring employers’ excise tax liability exposures for sponsoring a non-compliant group health plan. [read post]
25 Apr 2017, 11:44 am by Paul Goldstein and Joyce Liou
Because the plaintiff in Friedman had not joined any of the 104 alleged downstream infringers (retailers who distributed the infringing merchandise), their unadjudicated liability could not enlarge his statutory damage award against Live Nation. [read post]
24 Apr 2017, 5:08 pm by Cynthia Marcotte Stamer
Health plans, their fiduciaries and sponsors, health insurers, health care providers, health care clearinghouses (“covered entities”) and their business associates must get and keep your business associate (BA) agreements (BAAs) in place, up- to-date, and readily available for inspection in accordance with the Health Insurance Portability & Accountability Act (HIPAA) Privacy Rule, 45 C.F.R. [read post]
23 Apr 2017, 1:14 pm by Kluwer UPC News blogger
Additionally, the UPC won’t have jurisdiction to hear disputes relating to national patents, which will remain within the competence of national courts. [read post]
Twombly involved treble damages in civil antitrust cases, and in Iqbal, the plaintiffs alleged that federal officials violated their constitutional rights following their arrests for suspected involvement with terrorist groups. [read post]
20 Apr 2017, 4:18 am by Edith Roberts
” In a column in The Washington Post, Dana Milbank offers another view, calling the case “a manufactured controversy, cooked up by conservative interest groups that are hoping to chip away at constitutional provisions in 39 states restricting taxpayer money from going to churches. [read post]
19 Apr 2017, 4:38 am by Edith Roberts
” In The National Law Journal (subscription or registration required), Tony Mauro agrees that a “key U.S. [read post]
17 Apr 2017, 9:01 pm by Joanna L. Grossman
And that is where the case got interesting.Title VII and Sexual Orientation Claims: A Troubled HistoryTitle VII of the Civil Rights Act of 1964 is the core of federal anti-discrimination law, prohibiting employers with at least fifteen employees from discriminating on the basis of race, color, religion, sex, or national origin. [read post]
More specifically, this case illustrates how plaintiffs can function as whistleblowers and hold the government accountable to the rule of law. [read post]
17 Apr 2017, 5:57 am by Staci Zaretsky
[National Law Journal] * "Arkansas does not intend to torture plaintiffs to death. [read post]
13 Apr 2017, 8:12 am by Ronald Collins
What that means is that two originalists, who trumpet that originalism provides an objective method of reaching a result, disagreed on half of a major group of opinions. [read post]
12 Apr 2017, 9:35 pm by Cynthia Marcotte Stamer
  The American Bar Association (ABA) International Section Life Sciences Committee Vice Chair, a Scribe for the ABA Joint Committee on Employee Benefits (JCEB) Annual OCR Agency Meeting, former Vice President of the North Texas Health Care Compliance Professionals Association, past Chair of the ABA Health Law Section Managed Care & Insurance Section, past ABA JCEB Council Representative, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood… [read post]