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16 Feb 2017, 3:01 pm by Cynthia Marcotte Stamer
Stamer has worked extensively throughout her career with health care providers, health plans and insurers, managed care organizations, health care clearinghouses, their business associates, employers, banks and other financial institutions, management services organizations, professional associations, medical staffs, accreditation agencies, auditors, technology and other vendors and service providers, and others on legal and operational compliance, risk management and compliance, public… [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]
27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other  protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]
19 Oct 2016, 1:04 pm by Cynthia Marcotte Stamer
ERISA Civil Penalties For Employers, Fiduciaries & Plan Administrators Rose August 1 Employer and other employee benefit plan sponsors, fiduciaries and administrators required by the Department of Labor Employee Benefit Security Administration (EBSA) to pay a civil monetary penalty for a post-November 2, 2015 violation of the employee benefit related obligations of the  Employee Retirement Income Security Act (ERISA) should expect to pay more if EBSA assesses the penalty after… [read post]
1 Aug 2016, 9:42 pm by Cynthia Marcotte Stamer
  Specifically, the District Court ruled: Brain, Cook and Cook’s law firm wrongfully retaliated against Robbins in violation of ERISA 510 for her communications with the DOL by placing her on administrative leave; causing the work performed by the department that Robbins previously managed to be outsourced to Zenith and by causing Zenith not to hire Robbins to participate in its work; Brain, Cook and Cook’s law firm wrongfully retaliated against Rice in violation of ERISA… [read post]
1 Jul 2016, 1:49 pm by Cynthia Marcotte Stamer
US employers using staffing company or other temporary workers face substantial liability for failing to properly manage safety and Occupational Health & Safety Act (OSHA) obligations owed with respect to temporary or other contract labor workers, as demonstrated by the $3.42 million in fines that the  U.S. [read post]
1 Jul 2016, 12:23 pm by Cynthia Marcotte Stamer
Common engagements include internal and external workforce hiring, management, training, performance management, compliance and administration, discipline and termination, and other aspects of workforce management including employment and outsourced services contracting and enforcement, sentencing guidelines and other compliance plan, policy and program development, administration, and defense, performance management, wage and hour and other compensation and benefits, reengineering and other change… [read post]
23 Jun 2016, 10:21 am by Cynthia Marcotte Stamer
A $180,000 wrongful termination settlement that Foothill Packing, Inc. just paid to settle Department of Labor charges illustrates the potential Catch-22 tightrope that employers must walk when choosing between citizens and resident aliens with visas for hiring and firing decisions. [read post]
17 Jun 2016, 12:00 pm by John Elwood
Community Bank of Raymore, 14-520. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Self-insured employer or union sponsored health plans (Plans), their fiduciaries, third party administrative or other service providers, and sponsors should consult legal counsel for advice about whether their Plans might violate the Privacy Rule of the Health Insurance Portability & Accountability Act (HIPAA) by disclosing individually identifiable claims or other Plan records or data to a state “all payer” claims or other data base in response to a state law or regulation mandating… [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
Health plans and health insurers, health care providers, healthcare clearinghouses (Covered Entities) and their business associates should verify that their copying charges and other policies and practices for responding to requests of individuals for copies and other access to protected health information (PHI) comply with the Privacy and Security Rules (Privacy Rule) of the Health Insurance Portability & Accountability Act of 1996 (HIPAA) as construed in a new Frequently Asked Question (FAQ… [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
  Common engagements include internal and external workforce hiring, management, training, performance management, compliance and administration, discipline and termination, and other aspects of workforce management including employment and outsourced services contracting and enforcement, sentencing guidelines and other compliance plan, policy and program development, administration, and defense, performance management, wage and hour and other compensation and benefits, reengineering and other… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other group health plan sponsors, fiduciaries and administrators and  individual and group health insurers should confirm their plan documents and practices comply with new additional guidance on when the Patient Protection and Affordable Care Act (ACA) preventive care mandates set forth in Public Health Services (PHS) Act section 2713, the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (the Code) require non-grandfathered group health plans to cover… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
Employer and other group health plan sponsors, fiduciaries and administrators and  individual and group health insurers should confirm their plan documents and practices comply with new additional guidance on when the Patient Protection and Affordable Care Act (ACA) preventive care mandates set forth in Public Health Services (PHS) Act section 2713, the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (the Code) require non-grandfathered group health plans to cover… [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
As a threshold issue, if the communications do not meet the definition of “recommendations” as described above, the communications will be considered non-fiduciary. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
As a threshold issue, if the communications do not meet the definition of “recommendations” as described above, the communications will be considered non-fiduciary. [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
  Common engagements include internal and external workforce hiring, management, training, performance management, compliance and administration, discipline and termination, and other aspects of workforce management including employment and outsourced services contracting and enforcement, sentencing guidelines and other compliance plan, policy and program development, administration, and defense, performance management, wage and hour and other compensation and benefits, reengineering and other… [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
  Common engagements include internal and external workforce hiring, management, training, performance management, compliance and administration, discipline and termination, and other aspects of workforce management including employment and outsourced services contracting and enforcement, sentencing guidelines and other compliance plan, policy and program development, administration, and defense, performance management, wage and hour and other compensation and benefits, reengineering and other… [read post]