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1 Mar 2017, 12:55 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, current American Bar Association (ABA) International Section Life Sciences Committee Vice Chair, Scribe for the ABA Joint Committee on Employee Benefits (JCEB) Annual OCR Agency Meeting, former Vice President of the North Texas Health Care Compliance Professionals Association, past Chair of the ABA Health Law Section Managed Care & Insurance Section, past ABA… [read post]
28 Oct 2016, 1:00 am
Nejat Seyhun, University of Michigan Ross School of Business, on Thursday, October 27, 2016 Tags: Behavioral finance, Board composition, Boards of Directors, Diversity, Executive Compensation, Information asymmetries, Information environment, Inside information, Insider trading, Management, Overconfidence, Social capital,Social networks Responding to a Negative Say-on-Pay Outcome Posted by David Whissel, MacKenzie Partners, Inc., on Thursday, October 27, 2016 Tags: Board… [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
Department of Labor’s Occupational Safety and Health Administration (OSHA) assessed against Ohio auto parts’ manufacturer, Sunfield, Inc. for safety risks that it exposed temporary workers to by its failure to disconnect machinery from a power supply and prevent sudden movement before maintenance and service, and to train workers in how to operate machine presses safely and to service and maintain them. [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]
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]
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]
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
It is important to ensure that appropriate steps are taken to evaluate and properly integrate the confidentiality and other commitments that the Privacy Rules mandate a business associate agreement include with audit, performance assessment, and other data access or disclosure, trade secrets, confidentiality, performance standards and guarantees, indemnity and other contractual obligations of other agreements that could impact or be impacted  by the business associate… [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
It is important to ensure that appropriate steps are taken to evaluate and properly integrate the confidentiality and other commitments that the Privacy Rules mandate a business associate agreement include with audit, performance assessment, and other data access or disclosure, trade secrets, confidentiality, performance standards and guarantees, indemnity and other contractual obligations of other agreements that could impact or be impacted  by the business associate… [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… [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… [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 (ACA) requires… [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 (ACA) requires… [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]