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17 May 2023, 11:05 am
The Guidance also addressed a wide range of issues about how these EEO Laws applied during the Emergency and to COVID-19, including disability-related inquiries and medical examinations, how the definition of disability may apply to COVID-19 and Long COVID, confidentiality, reasonable accommodation based on disability, harassment, and vaccinations (including reasonable accommodation based on disability or religious beliefs). [read post]
27 Jun 2018, 3:56 pm
If the email goes to someone who is not an employee of the entity or a business associate, it may well be.Furthermore, the breach notification requirements apply only to “unsecured PHI”—meaning PHI that is not secured through the use of technology or methodology specified by the Secretary, such as encryption and destruction that renders the paper unusable, unreadable, or indecipherable.[7] Therefore, if a Covered Entity encrypts information to comply with the… [read post]
9 Jun 2023, 8:36 am
Why would a pharmacy benefit manager (PBM) voluntarily agree to place Horizon’s drugs Krystexxa and Tepezza in a preferred section of the formulary and exclude the benefits of competition for those products if it did not receive rebates that fully offset those losses? [read post]
15 Feb 2011, 4:06 am
Christopher v. [read post]
31 Oct 2021, 9:00 pm
This requirement does not apply to children housed in a Department of Corrections facility or a facility under contract with the DOC. [read post]
18 Oct 2006, 5:26 pm
The Employer contended that an alternative presumption should apply, namely, the "public utility" presumption that a systemwide unit is optimal. [read post]
6 Mar 2020, 9:40 am
On Thursday, March 5, there was another confirmed death from COVID-19 in Washington, and California declared a state of emergency hours after the first death in that state was announced. [read post]
1 Jan 2016, 7:08 am
Not so long ago in a Circuit not so far away, the issue of whether design defect claims against branded prescription drug manufacturers are preempted was joined. [read post]
13 Jan 2020, 6:33 pm
Historically, joint employer determinations were reached by applying highly subjective, fact specific analysis heavily reliant upon decades of court decisions which required some evidence that the alleged joint employer possessed or exercised some control over the employees to support the finding of joint employment. [read post]
15 Feb 2007, 12:25 am
Hughes Pharmacy Services, Inc., 2005 WL 1491216, at *3 (N.D. [read post]
10 Apr 2020, 2:39 pm
To which employers does the FFCRA apply to? [read post]
28 Feb 2008, 8:39 am
A little over a week ago (in other words, an eternity in the blogosphere), the FDA announced new draft guidelines that slightly relaxed some aspects of the Agency's prohibitions concerning promotion of off-label uses by manufacturers of FDA-regulated products. [read post]
10 Nov 2023, 1:35 pm
The threshold phaseout amounts and the completed phaseout amounts shown in the table below for taxpayers with all other filing statuses also apply to married taxpayers who are not filing a joint return and satisfy the special rules for separated spouses in § 32(d). [read post]
16 Dec 2019, 3:13 pm
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]
24 Apr 2017, 5:08 pm
Violations of the Privacy Rule can carry stiff civil or even criminal penalties Pursuant to amendments to HIPAA enacted as part of the HITECH Act, civil penalties typically do not apply to violations punished under the criminal penalty rules of HIPAA set forth in Social Security Act , 42 U.S.C § 1320d-6 (Section 1177). [read post]
23 Oct 2023, 7:39 am
Every year, I publish a list of new laws that the Oklahoma legislature has enacted in the past year. [read post]
10 May 2017, 3:14 pm
To resolve and avoid the potential Civil Monetary Penalties that HIPAA could authorize OCR to impose for the alleged Privacy Rule violation, MHHS agrees in the Resolution Agreement to pay OCR a $2.4 million monetary settlement and implement a corrective action plan that obligates MHHS to update and train its workforce on its policies and procedures on safeguarding PHI from impermissible uses and disclosures including specific instructions and procedures to: Address (a) Uses and disclosures for which… [read post]
15 Oct 2012, 8:13 am
The Federal crime of Money Laundering is traditionally understood to be the practice of filtering “dirty” money, or ill-gotten gains, through a series of transactions until the funds are “clean,” or appear to be proceeds from legal activities. [read post]
9 Nov 2023, 1:07 pm
The threshold phaseout amounts and the completed phaseout amounts shown in the table below for taxpayers with all other filing statuses also apply to married taxpayers who are not filing a joint return and satisfy the special rules for separated spouses in § 32(d). [read post]
11 Oct 2021, 7:59 pm
These requirements are in addition to any cyber security or cyber breach requirements otherwise applicable to government contractors or grant recipients under laws such as the Fair & Accurate Credit Transactions Act (“FACTA”) that also might apply to other businesses that do not do business with the federal government. [read post]
