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6 Aug 2015, 6:21 pm by Kevin LaCroix
”  Due to the absence of such a plan, many organizations unfortunately allow what could have been a relatively contained incident to become a major corporate catastrophe because they neither thought through all of the elements necessary for an effective response nor put the necessary mechanisms in place to ensure these elements were addressed in their plans. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Administrators, insurers or other fiduciaries responsible for administration of these coverages must properly coordinate, and sponsoring employers should consult with legal counsel about auditing their plans for proper coordination of these processes across these different service providers. [read post]
28 Jul 2015, 8:05 am by Cynthia Marcotte Stamer
While employers sponsoring employee benefit plans with broader coverage do not qualify for relief under the new IRS penalty relief program, employers sponsoring these employee benefit plans nevertheless should visit with legal counsel about options for resolving their existing penalty exposures for non-filing as legal counsel often can negotiate reductions in penalties with the IRS for employers voluntarily late filing forms. [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
Because of the potential legal risks under the Code and ERISA, employers evaluating compliance to determine whether to file a Form 8928 generally should consult with legal counsel about whether and how best to structure and conduct the health plan compliance review to preserve distinctions between their business operations and fiduciary activities performed on behalf of the plan, as well as any opportunities to use attorney-client privilege,… [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
Elizabeth’s Medical Center (SEMC) includes a clear message to health plans, health care providers, health care clearinghouses (Covered Entities) and their business associates to adequately secure and ensure that workforce members properly use internet applications and other systems used to share, access or maintain personally identifiable health information considered protected health information (PHI) in accordance with HIPAA. [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
Employers concerned about the potential implications of this rule should begin reviewing the Proposed Rule in preparation of providing comments and feedback to members of Congress, the WHD through its rulemaking comment process, and the public. [read post]
30 Jun 2015, 10:53 am by Cynthia Marcotte Stamer
  Since prompt self-audit and correction can help mitigate these liabilities, business leaders should act quickly to engage experienced legal counsel for their companies for help in evaluating, within the scope of attorney client privilege, the adequacy of their 2014 and 2015 health plan compliance, options for addressing potential exposures from any compliance deficiencies, and for advice and assistance to decide whether to offer health benefits going forward and if so, aid in… [read post]
18 Jun 2015, 10:50 am
Brown (1980) — is that the government may not favor certain speech (even in viewpoint-neutral ways) on the grounds that its content is seen as more valuable. [read post]
4 Jun 2015, 11:30 am by Public Employment Law Press
Varlack formerly served as a Principal Law Clerk for the New York State Supreme Court and, prior, Assistant Vice President and Counsel at AXA Financial, Inc. [read post]
4 Jun 2015, 11:30 am by The Public Employment Law Press
Varlack formerly served as a Principal Law Clerk for the New York State Supreme Court and, prior, Assistant Vice President and Counsel at AXA Financial, Inc. [read post]
14 May 2015, 7:28 am
  We want to know the bottom line.In one place the article describes its alternative as “adopting more subjective patient-centered legal standards of care. [read post]
8 May 2015, 9:18 am by John Elwood
That clears the way for our discussion of this week’s newly relisted cases. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
1 May 2015, 9:19 am by John Elwood
Heartland Regional Medical Center, 14-1. [read post]
25 Apr 2015, 11:03 am by Schachtman
In other words, the defendants would, by this supposed inability, be unable to mitigate damages by showing that the alleged harm would have occurred any way, but only later in time. [read post]
16 Apr 2015, 6:00 am by Administrator
This creates a work environment that is less human-centered. [read post]