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16 Feb 2017, 3:01 pm by Cynthia Marcotte Stamer
Stamer also is widely recognized for her extensive work and leadership on HIPAA, FACTA, PCI, trade secret, physician and other medical confidentiality and privacy, federal and state data security and data breach and other information privacy and data security rules and concerns including policy design, drafting, administration and training; business associate and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting,… [read post]
2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
The Proposed Determination notes, for instance, that: A Security Gap Analysis and Assessment conducted for Children’s December 2006-February 2007 by Strategic Management Systems, Inc. [read post]
23 Jan 2017, 2:47 pm by Cynthia Marcotte Stamer
Examples of her many highly regarded publications on these matters include the “Texas Payday Law” Chapter of Texas Employment Law, as well as thousands of other publications, programs and workshops these and other concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlant [read post]
21 Nov 2016, 5:56 pm by Cynthia Marcotte Stamer
A clear understanding of the procedures can help the entities and their representatives to take advantage of all available options for mitigating exposures and liability from the audit as well as to avoid unfortunate missteps that could result in forfeiture of otherwise available tax-related rights and options or otherwise increase the tax and other associated risks and liabilities of the entities or others associated with them arising from the audit. [read post]
3 Nov 2016, 6:18 am by Cynthia Marcotte Stamer
 This includes vigorous enforcement as well as outreach to employer associations and worker advocates to ensure that Austin restaurant workers receive a fair day’s pay for a fair day’s work. [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
Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, a Fellow in the American College of Employee Benefit Counsel, past Chair and current committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, a former ABA Joint Committee on Employee… [read post]
1 Aug 2016, 9:42 pm by Cynthia Marcotte Stamer
Based upon evidence introduced during a five-day trial, the District Court ruled that Brain, Cook and Cook’s law firm violated ERISA section 510 by suspending and then discharging Robbins, and causing Zenith to refuse to hire Robbins and to discharge Rice in retaliation for their participation in reporting Brian’s misconduct to the General President of the Operative Plasterers’ and Cement Masons’ International Association and because Robbins participated in a federal… [read post]
1 Jul 2016, 1:49 pm by Cynthia Marcotte Stamer
   While Sunfield ponders the appeal of its sanctions, other employers using temporary or other contract labor and those providing them should seize the opportunity to mitigate their own exposures to OSHA exposures for failure to manage safety responsibilities to its own temporary or other contract workers. [read post]
1 Jul 2016, 12:23 pm by Cynthia Marcotte Stamer
The new civil penalty amounts are applicable only to civil penalties assessed after August 1, 2016, whose associated violations occurred after Nov. 2, 2015. [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
SW General, Inc., 15-1251. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Under the HIPAA Privacy Rule, Plans and other HIPAA-covered entities and service providers acting as business associates of the Plans are prohibited from using or disclosing individually identifiable protected health information unless the use or disclosure is expressly authorized by the Privacy Rule. [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
 The Access Guidance makes clear that OCR expects Covered Entities and their business associates to ensure that their charges for copying or providing other access to PHI guaranteed by the Privacy Rule complies with this Access Guidance even if that practice does not violate applicable state law. [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
Employers concerned about Obama Administration efforts to expand existing unpaid family and medical leave requirements of the Family and Medical Leave Act to require paid family and medical leave also need to watch out for expanding state paid leave mandates as well as the much more widely recognized efforts by President Obama to impose federal paid leave requirements on employers. [read post]