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7 Feb 2019, 3:03 pm by Cynthia Marcotte Stamer
Health plans and their employer and other sponsors, fiduciaries, administrators and other service providers, as well as health care providers, health care clearinghouses and their business associates (“Covered Entities”) should reconfirm the adequacy of their Health Insurance Portability and Accountability Act (“HIPAA”) compliance and risk management in light the U.S Department of Health and Human Services Office of Civil Rights (“OCR”) February 7, 2019… [read post]
5 Nov 2023, 3:10 pm by Cynthia Marcotte Stamer
Health plans, health care providers, healthcare clearinghouses and their business associates (“Covered Entities” should check out this new Office of Civil Rights (“OCR”) video intended to educate health care industry players about real world cyber-attack trends from OCR breach reports, OCR investigations and how implementation of appropriate Health Insurance Portability & Accountability Act (“HIPAA”) Security Rile compliance can mitigate their exposure to… [read post]
30 Apr 2019, 10:23 am by Cynthia Marcotte Stamer
Health plans must deliver electronic protected health information (“ePHI”) to electronic applications or software (“apps”) used by plan members, and are responsible under the Health Insurance Portability & Accountability Act (“HIPAA”) Privacy and Security Rules for the security of electronic protected health information (“ePHI”) on apps they sponsor or provide, according to new guidance from the Department of Health & Human Services… [read post]
2 Mar 2020, 11:04 am by Cynthia Marcotte Stamer
Today (March 2, 2020) is the deadline for employers and other health benefit program sponsors, insurers, plan administrators and fiduciaries, health care providers, PBMs and other interested persons to comment on proposed federal rule change that would require insured health plans to count drug rebates and price concessions retained by pharmacy benefit managers (PBMs) as administrative expenses for purposes of determining if the issuing insurer is required to rebate premiums under the medical loss… [read post]
24 May 2019, 10:46 pm 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]
11 Oct 2021, 7:59 pm by Cynthia Marcotte Stamer
Federal government contractors and grant recipients should tighten cyber security policies, practices and internal controls to mitigate their exposure to civil False Claims Act claims by the Department of Justice (“DOJ”) under a new DOJ Civil Cyber-Fraud Initiative announced by DOJ last week. [read post]
15 Dec 2018, 7:41 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]
15 Oct 2010, 5:04 pm by Family Law Attorneys
Also, check your phonebook for the number of your local Bar Association.Visit a library and take a look at the "Martindale-Hubbell" -- a seven-volume compendium of lawyers categorized by state and ability. [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
Employers frustrated with the current Fair Labor Standards Act (“FLSA”) rules defining what forms of payment employers must count as part of an employee’s “regular rate” when calculating overtime should evaluate and consider expressing support for the Department of Labor’s proposal announced today (March 28, 2019) to update its more than 50-year old regulations implementing the regular rate requirements under section 7(e) of FLSA  in 29… [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]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
U.S. businesses should move quickly to express strong support for the Joint Employer Status under the Fair Labor Standards Act Rule proposed by the Department of Labor today to help reduce their exposure to liability to pay overtime or other liabilities of subcontractors or other businesses under the Fair Labor Standards Act (FLSA). [read post]
4 Jan 2021, 2:02 pm by Cynthia Marcotte Stamer
U.S. businesses should raise their guard as well as encourage employees and others they deal with to avoid and take steps to avoid getting caught up in potentially fraudulent novel coronavirus (“COVID-19”) related or leveraged scams while also taking steps to ensure the defensibility of their own COVID-related dealings with respect to COVID relief programs and Federal Sentencing Guideline and other exposures heightened by the COVID-driven operational changes and events. [read post]
31 May 2016, 4:05 pm 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, 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 Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa &… [read post]
23 Jun 2016, 10:21 am by Cynthia Marcotte Stamer
About The Author Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecturer and policy advocate, recognized for her nearly 30-years of cutting edge management work as among the “Top Rated Labor & Employment Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa & Employee Benefits” and “Health Care” by… [read post]
8 Dec 2023, 10:02 am by Cynthia Marcotte Stamer
Health plans and other entities covered by the Health Insurance Portability and Accountability Act (“HIPAA”) should tighten their phishing deterrence and other safeguards in response to the announcement of the Department of Health and Human Services Office of Civil Rights (“OCR”) of its settlement of its first official phishing-related HIPAA charges with a Louisiana medical group subject to HIPAA as a health care provider. [read post]
8 Jan 2019, 12:38 pm by Cynthia Marcotte Stamer
Interoperability will be a key priority for the Office of the National Coordinator for Health Information Technology (“ONC”) going forward. [read post]
16 Jun 2020, 5:42 pm by Cynthia Marcotte Stamer
While most COVID-19 test results won’t draw the widespread coverage and public interest that Elliott’s diagnosis did, businesses generally and health care providers, health plans, health care clearinghouses specifically need to recognize that coverage of the Elliott outrage will heighten awareness and therefore their need to properly handle and protect COVID-19 or other infectious disease and other testing, diagnosis, treatment and other medical and disability information collected or… [read post]
6 Feb 2024, 3:58 pm by Cynthia Marcotte Stamer
A newly announced religious discrimination settlement reminds employers of the advisability of reviewing and strengthening the defensibility of their grooming, dress code, scheduling and time off and other employment policies, practices and other procedures for applying, granting or denying religious exceptions, and other employment practices to defend against potential discrimination exposures in light of rising religious sensitivities, the Supreme Court’s 2023 ruling in Groff v. [read post]
8 Jan 2024, 2:10 pm by Cynthia Marcotte Stamer
Health plans, health care providers and health care clearinghouses (“Covered Entities”) treat the Department of Health and Human Service Office of Civil Right (“OCR”) announcement of its 46th enforcement action under the Health Insurance Portability & Accountability Act (“HIPAA”) Right of Access Rule as a warning to confirm their own organization’s timely delivery of records and other compliance with the Rule. [read post]