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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]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
The Vermont law challenged in Gobeille required health insurers and other payers to disclose treatment information about Plan members as well as other certain health care claim payment and other data to an all payer claims database, which under the law is made “available as a resource for insurers, employers, providers, purchasers of health care, and State agencies to continuously review health care utilization, expenditures, and performance in Vermont. [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
An example of an actual labor cost calculation would be to time how long it takes for the workforce member of the Covered Entity (or business associate) to make and send the copy in the form and format and manner requested or agreed to by the individual and multiply the time by the reasonable hourly rate of the person copying and sending the PHI. [read post]
18 May 2016, 8:58 am by Joy Waltemath
Flambeau, Inc., the employers did not use wellness programs in a manner consistent with the application of the safe harbor provision, according to the commission. [read post]
16 May 2016, 2:33 pm by Erin Morrow Hawley
Enter the elephant in the room: the Supreme Court is currently composed of only eight members. [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
  Alongside monitoring emerging proposals to enact federal or state paid leave legislation, employers and others concerned with paid leave mandates also need to keep a close eye on the actions that President Obama and government agencies take to require paid leave through executive action, government contracting mandates or other non-legislative efforts. [read post]
28 Apr 2016, 11:29 am by David Fraser
As found by the Federal Court in  State Farm Mutual Automobile Insurance Company v. [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]
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]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Steps also should be taken to incorporate appropriate processes and procedures for ensuring that the Covered Entity and members of its workforce understand and consistently administer and document their use of appropriate processes to ensure that the business associate agreement and other requirements of the Privacy Rules are fulfilled. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Steps also should be taken to incorporate appropriate processes and procedures for ensuring that the Covered Entity and members of its workforce understand and consistently administer and document their use of appropriate processes to ensure that the business associate agreement and other requirements of the Privacy Rules are fulfilled. [read post]
13 Apr 2016, 4:55 pm by Kevin LaCroix
 More than half of attorneys, 58 percent, said their firms did not have a dedicated Chief Information Security Officer (CISO) or another staff member charged with data security, while 34 percent said their firms did. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
    Subject to this cautionary proviso, the following are some of the activities that the Rule identifies as activities that might fall outside the Rule’s covered investment activities in the manner required by the Rule: “Education” as defined and provided in accordance with the Rule; “General communications that a reasonable person would not view as an investment recommendation;” Simply making available a platform of investment alternatives without… [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
    Subject to this cautionary proviso, the following are some of the activities that the Rule identifies as activities that might fall outside the Rule’s covered investment activities in the manner required by the Rule: “Education” as defined and provided in accordance with the Rule; “General communications that a reasonable person would not view as an investment recommendation;” Simply making available a platform of investment alternatives without… [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Group health plans and group and individual health insurers (Health Plans) must add updating their 2017 Summary of Benefits and Coverage (SBC) forms to their 2017 to do list in response to the publication by the Departments of Health and Human Services (HHS), Labor (DOL) and Treasury (collectively “Agencies) of enhanced content requirements for the 2017 Summary of Benefits and Coverage (SBC) template and Uniform Glossary that the Patient Protection & Affordable Care Act… [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Group health plans and group and individual health insurers (Health Plans) must add updating their 2017 Summary of Benefits and Coverage (SBC) forms to their 2017 to do list in response to the publication by the Departments of Health and Human Services (HHS), Labor (DOL) and Treasury (collectively “Agencies) of enhanced content requirements for the 2017 Summary of Benefits and Coverage (SBC) template and Uniform Glossary that the Patient Protection & Affordable Care Act… [read post]
5 Apr 2016, 7:34 am by Law Lady
Contracts -- Asset purchase agreement -- Sale of insurance agency -- Unjust enrichment -- Conversion -- Trial court should have directed verdict on seller's claim for unjust enrichment against buyers where there was express agreement between seller and buyers -- Individual defendant could not be held personally liable for breach of agreement by buyers' agency where evidence did not establish that she personally benefitted beyond the amount awarded for… [read post]
30 Mar 2016, 10:08 am by Cynthia Marcotte Stamer
By Cynthia Marcotte Stamer Childcare providers, employers sponsoring programs that reimburse childcare expenses and American workers and families can expect increases in childcare costs and possible loss or disruption of childcare providers in response to efforts by the Department of Health and Human Services (HHS) to increase regulation, oversight and enforcement against childcare providers when implementing the Child Care and Development Block Grant Act of 2014 (CCDBG). [read post]