Search for: "In the Matter of the Adoption of Martindale"
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16 May 2017, 7:48 am
Concluding that the Kentucky Supreme Court’s clear statement rule fails to put arbitration agreements on an equal plane with other contracts by requiring an explicit statement before an agent can relinquish her principal’s right to go to court and receive a jury trial, the Supreme Court found the Kentucky Supreme Court did exactly what the FAA barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement. [read post]
10 May 2017, 3:14 pm
Covered entities should keep in mind the MHHS Resolution Agreement is the latest in a series of OCR enforcement actions and resolution agreements highlighting the need for Covered Entities to adopt and use appropriate policies and procedures to prevent wrongful disclosures of PHI to the media or public. [read post]
10 May 2017, 10:20 am
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,”… [read post]
26 Apr 2017, 2:42 pm
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,”… [read post]
25 Apr 2017, 3:21 pm
Of particular note for employer and other sponsors of group health plans are the self-reporting and excise tax self-assessment and payment requirements for employers coupled with the companion responsibilities and liabilities fiduciaries, plan administrators and others face under these federal mandates make it important that employers and others sponsoring group health plans and their management or other leaders overseeing or participating in plan design or vendor selection, plan… [read post]
5 Apr 2017, 3:16 pm
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,”… [read post]
31 Mar 2017, 8:15 am
Those who adopted the previous year’s national benchmark of 6.9 percent after March 4, 2016, but prior to the adjustment announcement, may keep their benchmark at 6.9 percent. [read post]
16 Feb 2017, 3:01 pm
Other Covered Entities should heed MHS’ painful lesson and take documented steps to ensure its HIPAA policies not only are adopted, but also implemented and monitored and audited for compliance. [read post]
23 Jan 2017, 2:47 pm
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,”… [read post]
18 Nov 2016, 3:26 pm
” Before DOL adopted the Persuader Rule, there was no requirement to when lawyers or consultants spoke with or advised employers about opposition to union efforts unless the consultant had direct contact with workers. [read post]
27 Oct 2016, 8:48 am
OHSU Charges & Settlement The OHSU Settlement Agreement announced by OCR on September 23, 2016 requires OHSU to pay a $2.7 million settlement payment and adopt and implement a comprehensive three-year corrective action plan to address “widespread and diverse” HIPAA compliance problems OCR reports uncovering while investigating multiple HIPAA breach reports the large public academic health center and research university centered in Portland, Oregon. [read post]
19 Oct 2016, 1:04 pm
About The Author Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecture and policy advocate, recognized for her nearly 30-years of cutting edge management work as among the “Top Rated Labor & Employment Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa & Employee Benefits” and “Health Care” by D… [read post]
Manage Retaliation Risks In Response To Updated EEOC Enforcement Guidance, Rising Retaliation Claims
31 Aug 2016, 2:02 am
While an employer is free to bring these to light in the EEO matter where it may rightly affect the outcome, the Retaliation Regs state it is unlawful retaliation for an employer to take matters into its own hands and impose consequences for participating in an EEO matter. [read post]
28 Jul 2016, 2:30 pm
Furthermore, OCR’s July 21, 2016 press release concerning the Resolution Agreement also sends a clear message to all covered entities and business associates that OCR views HIPAA as requiring organizations not only to adopt written policies and procedures that comply on paper or in theory with HIPAA, but also to take steps to monitor and maintain the effectiveness of their safeguard by continuously assessing and monitoring their HIPAA risks and acting as necessary to ensure that… [read post]
22 Mar 2016, 6:57 am
™ invites you to register to participate in a special WebEx briefing on “HIPAA Update: The Latest On Security, Patient Access & Other HIPAA Developments” on Wednesday, March 30, 2016 beginning at Noon Central Time on Wednesday, March 30, 2016. 2016 Audit Program In its 2016 Phase 2 HIPAA Audit Program, OCR will review the policies and procedures adopted and employed by Covered Entities and their business associates to meet selected standards and… [read post]
22 Mar 2016, 6:57 am
2016 Audit Program In its 2016 Phase 2 HIPAA Audit Program, OCR will review the policies and procedures adopted and employed by Covered Entities and their business associates to meet selected standards and implementation specifications of the Privacy, Security, and Breach Notification Rules. [read post]
7 Sep 2015, 10:00 pm
Holden is AV rated by Martindale-Hubbell, which is the highest rating an attorney can receive. [read post]
16 Jun 2015, 2:54 pm
Stamer also is a widely published author, management policy advocate and thought leader, and management policy advocate on these and other workforce and related matters who shares her experience and leadership in a wide range of contexts. [read post]
6 May 2015, 9:15 am
Conversion occurs when the adopting employer decides to allow an unrelated employer to also adopt its VS plan. [read post]
9 Apr 2015, 9:01 pm
According the DOL, the adoption of a place of celebration standard for determining marital status in the Final Rule ensures that all legally married employees have consistent FMLA leave rights regardless of where they live. [read post]
