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21 Aug 2015, 6:07 pm by Cynthia Marcotte Stamer
Employers sponsoring health plans and members of their management named as plan fiduciaries or otherwise having input or oversight over the health plan should verify their company’s group health plan meets the out-of-pocket maximum rules of the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1) as well as a long list of other federal health benefit rules to minimize the risk that violations will obligate the sponsoring employer to self-assess, self-report on IRS Form 8928, and… [read post]
21 Aug 2015, 11:24 am by Cynthia Marcotte Stamer
Employers sponsoring health plans and members of their management named as plan fiduciaries or otherwise having input or oversight over the health plan should verify their company’s group health plan meets the out-of-pocket maximum rules of the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1) as well as a long list of other federal health benefit rules to minimize the risk that violations will compel the sponsoring employer to self-assess, self-report on IRS Form 8928, and… [read post]
6 Aug 2015, 6:21 pm by Kevin LaCroix
John Reed Stark David Fontaine It is well understood by now that cyber security is a concern for every organization and that it is an issue on which every company’s board should be focused. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
All parties also should review the claims and appeals procedures used in connection with the processing and notification of covered persons about claims and appeals determinations made about denials to ensure that they fully comply with both the DOL’s reasonable claims and appeals regulations and, in the case of non-grandfathered health plans, ACA’s special independent review and other heightened requirements for administering and notifying covered persons or their beneficiaries… [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
Since federal group health plan violations that trigger the Form 8928 requirement of a sponsoring employer also generally create potential exposures for the ERISA exposures for the group health plan, parties acting as the “plan administrator” or other “fiduciary” role with respect to the plan or both under ERISA, the group health plan and its plan administrator or other responsible fiduciary (sometimes, but not always the employer or a member of its… [read post]
20 Jul 2015, 9:07 am by Marty Lederman
 First, a quick note on the government's new final rules regarding the religious accommodation (including its extension to some for-profit employers such as Hobby Lobby, Inc.). [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
In announcing the Resolution Agreement, OCR Director Jocelyn Samuels sent a clear message to Covered Entities and their business associates to confirm and maintain the adequacy of security of internet portals and applications used in connection with PHI. [read post]
10 Jul 2015, 4:20 am by Kevin Goldberg
Fox Searchlight Pictures, Inc., better known (to some, at least) as the “Black Swan Interns Case”. [read post]
1 Jul 2015, 3:24 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.July 9, 2015 - 2 PM: In re Peter Tesher, Serial No. 85405171 [Section 2(e)(1) mere descriptiveness refusal of COLLEGE BIDS for "On-line trading services in which a seller posts items to be sold at a set price; online trading services in which a seller posts items to be sold in an auction-style format where bidding is done electronically; and providing evaluative feedback and ratings of… [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
 While the Proposed Rule has not yet been published in the Federal Register, the WHD released a prepublication copy for public review in connection with President Obama’s announcement of plans to implement the change yesterday. [read post]
27 May 2015, 11:59 am by Rebecca Tushnet
But it’s not responsible to model instructional practices that can be used by some learners like college students and not by others like K-12. [read post]
23 Mar 2015, 12:42 am by INFORRM
The four senior Sun journalists accused of paying public officials for information have been cleared on all charges following a trial at the Old Bailey. [read post]
19 Mar 2015, 6:00 am by Administrator
Courts, Challenges, and Cures: Legal Avenues for Patients with Rare Diseases to Challenge Health Care Coverage Decisions Sarah Burningham | University of Saskatchewan College of Law (2015) 1 Canadian Journal of Comparative and Contemporary Law 317 Excerpt: Part III [Footnotes omitted. [read post]
18 Mar 2015, 7:40 am by Cynthia Marcotte Stamer
  This discussion will explore selected challenges for plan fiduciaries, administrators and sponsors and will include a discussion of the following issues: Who is the fiduciary with responsibility over these matters ERISA fiduciary duties to investigate and respond to breaches Fiduciary obligations in connection with selection of vendors Curtailing data leakage and breach exposure by addressing delegation rights of vendors Interaction with HIPAA, IRC,  and other laws Breach… [read post]
11 Mar 2015, 2:54 am
The plaintiffs did not present sufficient evidence of media coverage of “Own Your Power” in connection with Kelly-Brown’s business either. [read post]