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26 Sep 2022, 7:59 pm by Cynthia Marcotte Stamer
About the Author Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, a Fellow in the American College of Employee Benefits Counsel repeatedly recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” by LexisNexis® Martindale-Hubbell® as “LEGAL LEADER Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law and among the “Best Lawyers In Dallas”… [read post]
20 May 2022, 6:29 pm by Cynthia Marcotte Stamer
About the Author Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, a Fellow in the American College of Employee Benefits Counsel repeatedly recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” by LexisNexis® Martindale-Hubbell® as “LEGAL LEADER Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law and among the “Best Lawyers In Dallas”… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 supplements this previous Agency guidance by confirming that group health plans and health insurers may develop a standard exception form with instructions that an attending provider may use to prescribe a particular service or FDA-approved item based on a determination of medical necessity with respect to the individual involved and suggests the Medicare Part D Coverage Determination Request Form as an appropriate model for the development of such forms. [read post]
9 Mar 2022, 7:47 pm by Cynthia Marcotte Stamer
  Among other things, the Proposed Rule will require that public companies: Amend Form 8-K to require registrants to disclose information about a material cybersecurity incident within 4 business days after the registrant determines that it has experienced a material cybersecurity incident;Add new Item 106(d) of Regulation S-K and Item 16J(d) of Form 20-F to require registrants to provide updated disclosure relating to previously disclosed cybersecurity incidents and to… [read post]
3 Feb 2020, 8:21 am 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; Former Chair of the RPTE Employee Benefits and Compensation Committee, the current Co-Chair of its Welfare Benefit Committee and former Chair of its Welfare Benefit, Plan Terminations, Fiduciary Responsibility and Defined Compensation Plan Committees; former RPTE Joint Committee on Employee Benefits… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 supplements this previous Agency guidance by confirming that group health plans and health insurers may develop a standard exception form with instructions that an attending provider may use to prescribe a particular service or FDA-approved item based on a determination of medical necessity with respect to the individual involved and suggests the Medicare Part D Coverage Determination Request Form as an appropriate model for the development of such forms. [read post]
5 Jan 2018, 5:35 am by Cynthia Marcotte Stamer
§ 164.308(a)(1)(ii)(D); To revise its policies and procedures regarding access establishment and modification and termination pursuant to 45 C.F.R. [read post]
22 Oct 2014, 8:49 am by JD Hull
“He really was one of those guys you’d take a machine-gun bullet for. [read post]
10 May 2017, 10:20 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… [read post]
18 Nov 2018, 8:30 pm by Cynthia Marcotte Stamer
Department of Justice and the North Carolina Attorney General against North Carolina’s largest healthcare system, The Charlotte-Mecklenburg Hospital Authority d/b/a Atrium Health (“Atrium”) which challenges steering restrictions and other contractual protections of Atrium against competition from other contracted health care providers. [read post]
2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
A just-announced $3.2 million Health Insurance Portability & Accountability Act (HIPAA) Civil Monetary Penalty (CMP) paid by Children’s Medical Center of Dallas (Children’s)  for failing to adequately secure electronic protected health information (ePHI) and correct other HIPAA compliance deficiencies teaches many key lessons for employer and other health plans and insurers, healthcare clearinghouses, healthcare providers and their business associates (“Covered… [read post]
13 Jan 2020, 6:33 pm by Cynthia Marcotte Stamer
To be liable for paying minimum wage or overtime, an individual or entity must be an “employer,” which the FLSA defines in Section 3(d) to include “any person acting directly or indirectly in the interest of an employer in relation to an employee[.] [read post]
10 May 2017, 3:14 pm by Cynthia Marcotte Stamer
Healthcare providers, health plans, healthcare clearinghouses and their business associates (Covered Entities) can’t disclose the name or other protected health care information about a patient in press releases or other announcements without prior authorization from the patient. [read post]
25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
While Congress and the Trump Administration continue to ponder and debate what if anything to do with the health care reforms of the Patient Protection and Affordable Care Act (ACA), employer and other health plan sponsors, health plan insurers, plan fiduciaries and others responsible for health plan design, administration or funding must take steps to verify their past and continuing compliance with the ACA and other federal mandates while laying the groundwork to respond quickly to any eventual… [read post]
26 Apr 2017, 6:14 pm by Cynthia Marcotte Stamer
About The Author Recognized by LexisNexis® Martindale-Hubbell® as a “AV-Preeminent” (Top 1%/ the highest) and “Top Rated Lawyer,” with special recognition 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 “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and… [read post]
29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
A Wisconsin employer did not violate the National Labor Relations Act (“NLRA”) by ceasing to deduct union dues from employees’ paychecks for remittance to their certified union in response to Wisconsin’s enactment of a right-to-work law that curtailed dues checkoff, or communicating with employees about this action according the National Labor Relations Board ruling in Metalcraft of Mayville, Inc. [read post]
12 Apr 2018, 7:42 pm by Cynthia Marcotte Stamer
Restaurant employers should audit and tighten the employee wage, timekeeping and other wage and hour practices to minimize their exposure to heightened enforcement of the Fair Labor Standards Act and other federal wage and hour laws by the U.S. [read post]