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26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
Assuming the request for access or copies is not fulfilled through download from an HER, the Access Guidance indicates q Covered Entity must use one of three potentially applicable OCR-approved methods to calculate the fee the Covered Entity charges an individual for copies of PHI or an agreed upon summary provided that the method used takes into account only labor costs for copying or producing an agreed upon summary as defined by OCR.: The “Actual Cost” Method; The… [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]
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]
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]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Supplementing existing precedent and EBSA’s already existing broad, functional definition of “fiduciary,” the Rule clarifies when individuals and entities that provide “covered investment advice” to plans, plan sponsors, fiduciaries, plan participants, beneficiaries and Individual Retirement Accounts (IRAs) and IRA owners are: Fiduciaries of the Plan or IRA for purposes of Title I of ERISA; Required to acknowledge their status and the status of their individual… [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Supplementing existing precedent and EBSA’s already existing broad, functional definition of “fiduciary,” the Rule clarifies when individuals and entities that provide “covered investment advice” to plans, plan sponsors, fiduciaries, plan participants, beneficiaries and Individual Retirement Accounts (IRAs) and IRA owners are: Fiduciaries of the Plan or IRA for purposes of Title I of ERISA; Required to acknowledge their status and the status of their individual… [read post]
6 Apr 2016, 12:30 pm by Jack Goldsmith
Legal Advisor Will Taft defended the doctrine at the ASIL meeting in 2004: The concept of imminence in the traditional framework of self-defense must be revisited in the era of weapons of mass destruction (WMDs). [read post]
23 Mar 2016, 2:38 pm by Cynthia Marcotte Stamer
Whether or not these challenges materialize, employers as well as consultants and legal counsel involved in anti-union organization efforts will need to carefully evaluate the revised reporting requirements to take into account the persuader rule’s expansion to the reporting requirements. [read post]
23 Mar 2016, 2:38 pm by Cynthia Marcotte Stamer
Whether or not these challenges materialize, employers as well as consultants and legal counsel involved in anti-union organization efforts will need to carefully evaluate the revised reporting requirements to take into account the persuader rule’s expansion to the reporting requirements. [read post]
22 Mar 2016, 6:07 am by Adam Weinstein
The securities fraud attorneys of Gana LLP are investigating fraud charges by The Securities and Exchange Commission (SEC) against American Growth Funding II, LLC, Portfolio Advisors Alliance, Inc., Ralph C. [read post]
9 Mar 2016, 9:01 am by Cynthia Marcotte Stamer
As the Internal Revenue Service (IRS) and Department of Health & Human Services (HHS) rely upon Marketplaces’ eligibility and enrollment records to enroll Americans in health insurance coverage through the ACA created marketplaces, to help determine in individual Americans and employers are complying with the ACA shared responsibility rules, and to determine which individuals enrolling in coverage through marketplaces qualify for ACA subsidies, deficiencies in these… [read post]
25 Jan 2016, 6:00 am by Adam Weinstein
On Oct. 29, 2014, RCS affiliate American Realty Capital Properties Inc., (ARCP) revealed a $23 million intentional accounting misstatement that had resulted in the company reporting inflated financial results. [read post]
4 Jan 2016, 4:08 pm by Kevin LaCroix
  The dust-up in Delaware over fee-shifting bylaws got started in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]