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13 Aug 2012, 3:05 pm by Cynthia Marcotte Stamer
Employers that require employees to submit to medical examinations, question employees about physician or mental conditions or disabilities while on medical leave or for other fitness for duty assessments, or engage in other similar activities should evaluate the defensibility of those practices in light of the growing challenges to these and other employee screening practices by the Obama Administration and private plaintiff attorneys like the Justice Department disability discrimination complaint… [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]
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]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Employer and other employee benefit plan sponsors, benefit plan committees and fiduciaries, and the broker-dealers, financial advisors, insurance agents and other plan service providers that provide investment-related platforms, advice, recommendations or other services for employee benefit plans need to reevaluate the fiduciary status of their service providers and begin restructuring as necessary their associated relationships, service provider commission or other compensation, service agreements… [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Employer and other employee benefit plan sponsors, benefit plan committees and fiduciaries, and the broker-dealers, financial advisors, insurance agents and other plan service providers that provide investment-related platforms, advice, recommendations or other services for employee benefit plans need to reevaluate the fiduciary status of their service providers and begin restructuring as necessary their associated relationships, service provider commission or other compensation, service agreements… [read post]
24 Apr 2025, 8:19 am by Cynthia Marcotte Stamer
Conduct an appropriate risk analysis and take the required steps to protect your electronic health records from phishing and other hacking threats by conducting a thorough risk analysis and otherwise cleaning up your Health Insurance Portability and Accountability Act of 1996 compliance! [read post]
11 Nov 2014, 12:24 pm by Cynthia Marcotte Stamer
The recent US Ebola scare provided an important reminder to health care providers, health insurers and health plans, health care clearinghouses, employers and others of the importance of understanding and preparing to deal with health care privacy and other challenges arising from epidemics and other emergencies. [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]
19 Oct 2021, 10:10 am by Cynthia Marcotte Stamer
Businesses, their employee benefit plan fiduciaries, their employer and other sponsors, their record keepers, financial advisors and other service providers and other business partners face growing pressure to shore up cyber security and cyber breach compliance and other safeguards to defend against a slew of  new and ongoing federal cyber security and breach regulatory and enforcement the Biden-Harris Administration is rolling out in its effort to stem the rising tide of  cybersecurity… [read post]
5 Jan 2018, 5:35 am by Cynthia Marcotte Stamer
Continuing Fallout of 2015 Data Breach Provides Many Lessons For Other Businesses & Their Health Plans The $2.3 million (Resolution Amount) data breach settlement and other post breach fallout now bankrupt radiation oncology and cancer care provider 21st Century Oncology, Inc. (21CO)  is experiencing after data thieves hacked into the names, social security numbers and other private health and financial data of more than 2,213,597 individuals illustrates why your company and its… [read post]
9 Mar 2022, 7:47 pm by Cynthia Marcotte Stamer
Public companies and other market participating or influencing companies and their leaders should begin preparing to comply with enhanced cybersecurity risk management, disclosure, strategy, governance and incident reporting and response requirements of a Proposed Rule the Security and Exchange Commission (“SEC”) published in today’s (March 9, 2022) Federal Register. [read post]
16 Dec 2019, 3:13 pm by Cynthia Marcotte Stamer
The $1.6 million civil monetary penalty (“CMP”) assessed against the Texas Health and Human Services Commission (“TX HHSC”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules between 2013 and 2017 committed by a predecessor agency, the Department of Aging and Disability Services (“DADS”) illustrates the critical need for health plans and insurers and all other HIPAA covered entities… [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]
24 Apr 2017, 5:08 pm by Cynthia Marcotte Stamer
Health plans, their fiduciaries and sponsors, health insurers, health care providers, health care clearinghouses (“covered entities”) and their business associates must get and keep your business associate (BA) agreements (BAAs) in place, up- to-date, and readily available for inspection in accordance with the Health Insurance Portability & Accountability Act (HIPAA) Privacy Rule, 45 C.F.R. [read post]
26 Apr 2017, 6:14 pm by Cynthia Marcotte Stamer
Stamer’s legal, management and governmental affairs work has focused on helping health industry, health benefit and other organizations and their management use the law, performance and risk management tools and process to manage people, performance, quality, compliance, operations and risk. [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]
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]