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10 May 2017, 3:14 pm by Cynthia Marcotte Stamer
Covered entities should keep in mind the MHHS Resolution Agreement is the latest in a series of OCR enforcement actions and resolution agreements highlighting the need for Covered Entities to adopt and use appropriate policies and procedures to prevent wrongful disclosures of PHI to the media or public. [read post]
8 Jan 2019, 12:38 pm by Cynthia Marcotte Stamer
Current Status The Report says increases in the adoption of health IT means most Americans receiving health care services now have their health data recorded electronically. [read post]
29 Oct 2020, 10:38 am by Zahavah Levine, Thea Raymond-Sidel
Second, and often in the alternative, plaintiffs request the state to adopt so-called “notice and cure” procedures that require local election officials to contact voters to inform them of problems with their signatures and provide them with an opportunity and a process to fix the problems so that their ballots can be counted. [read post]
19 Feb 2018, 12:00 am by Public Employment Law Press
Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearingsBelow is an example of the material posted on NYPPL. [read post]
7 Oct 2016, 2:40 pm
Richardson School of Law—Implementing Free Prior and Informed Consent: Expanding the Role of Communities in the Global Energy Transition 4:45 pm – 6:00 pm Closing of Conference and Reception   __________George Foster started with an introduction setting the stage for the materials to come. [read post]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
Without any statutory or formal regulatory action, however, the Labor Department during the Obama Administration began applying a new definition of joint employment it adopted in sub-regulatory guidance without seeking public comment or following other requirements to adopt a formal regulatory change. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Concurrent with its adoption of final regulations implementing these new rules concerning investment advisors and their fiduciary responsibilities, the Rule also adopts certain new Prohibited Transaction Exemptions that define requirements that providers of covered investment advice and the plan fiduciaries that engage them generally will be required after April 7, 2017 to ensure are met for investment advisors to receive commission-based compensation for their services, to sell or… [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Concurrent with its adoption of final regulations implementing these new rules concerning investment advisors and their fiduciary responsibilities, the Rule also adopts certain new Prohibited Transaction Exemptions that define requirements that providers of covered investment advice and the plan fiduciaries that engage them generally will be required after April 7, 2017 to ensure are met for investment advisors to receive commission-based compensation for their services, to sell or… [read post]
26 Feb 2015, 5:00 am
Richardson-Merrell, Inc., 584 A.2d 1383 (Pa. 1991), rejecting a claim of “strict liability independent of the issue of inadequate warning” brought against a pharmacist who had sold a prescription drug. [read post]
21 Mar 2010, 12:19 pm by admin
Bill Richardson’s administration has been seeking an Outstanding National Resource Waters designation since 2008. [read post]
27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
OHSU Charges & Settlement The OHSU Settlement Agreement announced by OCR on September 23, 2016 requires OHSU to pay a $2.7 million settlement payment and adopt and implement a comprehensive three-year corrective action plan to address “widespread and diverse” HIPAA compliance problems OCR reports uncovering while investigating multiple HIPAA breach reports the large public academic health center and research university centered in Portland, Oregon. [read post]
14 Aug 2011, 9:11 am by Schachtman
  In the Bendectin litigation, the medication sponsor, Merrell-Richardson, was confronted with the testimony of an epidemiologist, Shanna Swan, who propounded her own, unpublished re-analysis of the published epidemiologic studies, which failed to find an association between Bendectin use and birth defects. [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
  As the Trump Administration supports these proposed changes, employers should start evaluating their implications in anticipation of the Labor Department’s adoption of a Final Rule. [read post]
13 Jan 2020, 6:33 pm by Cynthia Marcotte Stamer
During the Obama Administration, however, the Department of Labor both stepped up its efforts to identify and enforce these joint employer provisions and concurrently without formally issuing new regulations adopted interpretive and enforcement guidelines for finding joint employer status that that significantly broadened the employment relationships that the Labor Department treated as joint employers in a manner that presumed the existence of a joint employment relationship whenever the… [read post]
21 Sep 2007, 11:50 pm
TheFlorida courts have not adopted the standard that there be no "foreseeable risk" of pain inexecutions. [read post]
13 Jan 2022, 1:16 pm
Pix Credit HEREThe legal and academic community spent the better part of 4 years under the Trump administration refining the jurisprudence of administrative law and regulation. [read post]
24 May 2023, 5:16 pm by Cynthia Marcotte Stamer
  To benefit from the resolution agreement, the resolution agreement requires MedEvolve to fully implement and adhere to all requirements of the corrective action plan including: Conducting and preparing a report satisfactory to OCR of its complete risk assessment within 30 days and annually thereafter of the security risks and vulnerabilities of all electronic equipment, data systems, programs and applications controlled, administered, owned, or shared by MedEvolve or its affiliates that… [read post]
28 Jul 2016, 2:30 pm by Cynthia Marcotte Stamer
Furthermore, OCR’s July 21, 2016 press release concerning the Resolution Agreement also sends a clear message to all covered entities and business associates that OCR views HIPAA as requiring organizations not only to adopt written policies and procedures that comply on paper or in theory with HIPAA, but also to take steps to monitor and maintain the effectiveness of their safeguard by continuously assessing and monitoring their HIPAA risks and acting as necessary to ensure that… [read post]
23 Mar 2016, 2:38 pm by Cynthia Marcotte Stamer
The Labor Department’s final adoption of the persuader rule tomorrow comes despite widespread criticism by employers, management consultants and many management legal counsels as overly broad and potentially infringing on management’s attorney-client privilege rights with respect to advice provided by legal counsel to management. [read post]
29 Jan 2020, 4:40 pm by INFORRM
Save for some litigation concerning publication that straddled the inception of the Act (Richardson v Facebook, Google (UK) Limited [2015] EWHC 3154 (QB) and Deman v Associated Newspapers Ltd [2016] EWHC 2819 (QB)), the courts do not appear to have been troubled with any section 8 disputes. [read post]