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Report Link FTC Issues Final Health Breach Notification Rule on the Heels of HHS's HIPAA Breach Notification Rule.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 13, 2009 On August 25, 2009, the Federal Trade Commission (FTC) issued its final health breach notification rule. It was effective September 24, 2009; however, the FTC will refrain from enforcement action for breaches discovered before February 22, 2010. The rule requires vendors of personal health records (PHRs) and related PHR entities to notify individuals when the security of their unsecured, individually identifiable health information has been breached. A third-party service provider of PHR vendors that experiences a breach must also notify its vendor or related entity of a breach. In addition to notifying the individual whose information has been breached, these entities must notify the FTC and, in some cases, the media. A violation of these new breach notice requirements is considered an unfair or deceptive act or practice in violation of a regulation under 15 U.S.C. 57a(a)(1)(B) of the Federal Trade Commission Act. Report Link Online Reporting Under HIPAA Breach Notification Rule Required by Department of Health and Human ServicesFord & Harrison LLP - October 07, 2009 In August 2009, the Department of Health and Human Services (HHS) issued its interim final rule with regard to requirements for notification in the event of a breach of unsecured protected health information (PHI). Among other notification requirements (including notice to impacted individuals and in some cases notice to the media), the interim final rule requires covered entities (i.e. health plans, healthcare clearinghouses or certain health care providers) to provide notice to HHS of any breach of unsecured PHI: Report Link How To Comply With The New HITECH Breach Notification Rules.Baker Hostetler LLP - September 23, 2009 Covered entities, such as group health plans, ("CEs") and business associates, such as vendors that provide services to group health plans, ("BAs") that are subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") now must comply with the Health Information Technology for Economic and Clinical Health ("HITECH") Act breach notification rules (the "HITECH breach notification rules"). The HITECH breach notification rules require CEs and BAs to send out notifications to affected individuals upon a breach of unsecured protected health information ("PHI"). Report Link HIPAA Breach Notification Rules.Vedder Price - September 17, 2009 HIPAA Breach Notification Rules. Report Link HHS Issues HIPAA Breach Notification Rules: New Mandate for Covered Entities and Business Associates.Jackson Lewis LLP - September 11, 2009 Beginning September 23, 2009, covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA) will be required to notify individuals affected by certain “breaches” of unsecured protected health information. The notification mandate, enacted under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, as part of the American Recovery and Reinvestment Act of 2009 (ARRA), was signed into law by President Barack Obama on February 17, 2009. Following the general framework established by the 45 states that have adopted similar laws over the past few years, the Department of Health and Human Services (HHS) issued interim final regulations on August 24, 2009, interpreting the new notification requirement. Report Link Data Privacy & Security Developments: HIPAA, "Red Flag," Breach Notification, Applicant Protections.Jackson Lewis LLP - August 14, 2009 The trend toward increasing obligations for maintaining the privacy and security of certain information continues. As the January 1, 2010, deadline for compliance with Massachusetts data security regulations looms, other legislative and regulatory developments continue to drive businesses to take more aggressive and comprehensive steps toward safeguarding the personal information they maintain. Some key developments should be considered. Report Link A HITECH World - New Law Expands HIPAA Enforcement Power.Ogletree Deakins - August 13, 2009 The Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on February 17 as part of the American Recovery and Reinvestment Act of 2009 (H.R. 1), also known as the economic stimulus bill. The legislation was designed to advance the use of health information technology, such as electronic health records. Report Link Stimulus Bill's HIPAA Changes.Fisher & Phillips, LLP - May 06, 2009 The American Recovery and Reinvestment Act (ARRA), signed by President Obama into law on February 17, 2009, included changes to the health information privacy and security rules under HIPAA, the Health Insurance Portability and Accountability Act of 1996. Report Link Stimulus Act Expands HIPAA Obligations and Enforcement Mechanisms.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 10, 2009 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the Stimulus Act). Among the myriad topics contained in the Stimulus Act is the expansion of the obligations and enforcement mechanisms of the Health Insurance Portability and Accountability Act (HIPAA), and more specifically, HIPAA's Privacy and Security Rules. Below is a summary of the most significant changes to the HIPAA Privacy and Security Rules. Report Link Federal Stimulus Means New HIPAA Privacy and Security Mandates.Jackson Lewis LLP - February 25, 2009 In line with this audacious promise, the American Recovery and Reinvestment Act of 2009 (ARRA) expands, enforces, and enhances the privacy and security safeguards required by the Health Insurance Portability and Accountability Act (HIPAA) for certain individually identifiable health information. The tightening of these safeguards is critical to building the network of computerized record-keeping systems that will service the whole nation. Most businesses will be affected by these changes to some degree. Some of the key changes made by the new law include: Report Link Economic Stimulus Act Impacts HIPAA Requirements.Ford & Harrison LLP - February 24, 2009 The American Recovery and Reinvestment Act ("ARRA") signed into law on February 17, 2009 includes significant changes to the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA). Below are highlights of some of the significant changes and their effective dates. Report Link HIPAA Enforcement Update: CMS Issues Guidance on HIPAA Security Rule Compliance Review.Jackson Lewis LLP - February 28, 2008 To assist Health Insurance Portability and Accountability Act (HIPAA) covered entities prepare for enforcement of potential HIPAA Security Rule violations, on February 20, 2008, the Office of E-Health Standards and Services (OESS) provided guidance on the type of information that might be requested during an onsite investigation. The OESS is an office within the Centers for Medicare & Medicaid Services (CMS) of the Department of Health & Human Services. The OESS document called "Sample - Interview and Document Request for HIPAA Security Onsite Investigations and Compliance Reviews" lists (1) the persons who may be interviewed and (2) the documents and other information that may be requested. Report Link HIPAA Safe Harbor for Supplemental Health Insurance.Littler Mendelson, P.C. - December 18, 2007 On December 7, 2007, the U.S. Department of Labor (DOL) in conjunction with the Department of Treasury and the Department of Health and Human Services issued Field Assistance Bulletin No. 2007-04. This Bulletin provides a safe harbor for supplemental health insurance plans and exempts certain plans from the portability provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Report Link HHS Expanding HIPAA Privacy Enforcement Team.Littler Mendelson, P.C. - December 18, 2007 The Department of Health and Human Services ("HHS") enforces the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Report Link HIPAA Enforcement: Farce Or Reality.Jackson Lewis LLP - July 18, 2007 The HIPAA privacy regulations became a reality for most health care providers and health plans on April 14, 2003, the regulations' effective date. During that time, "covered entities" were anxious to become compliant – feverishly drafting policies and procedures, training employees and locking up health information, among other things. Many at that time feared government enforcement in the form of audits, civil actions and penalties. Report Link HIPAA Privacy and Security Enforcement Kicks Up.Jackson Lewis LLP - May 09, 2007 The Department of Health and Human Services has stepped up its enforcement of the Health Insurance Portability and Accountability Act of 1996. HHS, charged with enforcement of HIPAA's Privacy and Security Rules through its Office of Civil Rights, has launched an enforcement website, delegated subpoena authority to its enforcement office, and begun compliance audits. Report Link Final Rules Address HIPAA Nondiscrimination Provisions' Impact on Wellness Programs (pdf).Phelps Dunbar LLP - April 17, 2007 All employers and other plan sponsors that administer wellness programs should carefully review the nondiscrimination rules recently finalized by the United States Departments of Labor (“DOL”), Health & Human Services (“HHS”), and the United States Department of Treasury. The final rules were published late last year on December 13, 2006, at 71 Fed. Reg. 75014. Report Link New HIPAA Wellness Regulations.Fisher & Phillips, LLP - March 30, 2007 In 2006, the IRS, HHS and DOL, issued HIPAA regulations for wellness programs, outlining how those programs should be designed. Report Link Final HIPAA Nondiscrimination Regulations Spur Employers to Review Workplace Wellness Programs.Jackson Lewis LLP - December 15, 2006 Long awaited final regulations addressing, among other things, the "bona fide wellness program" exception to the HIPAA non-discrimination requirements were released on December 13, 2006, by three federal agencies. The nondiscrimination requirements, which are found in Section 702 of the Employee Retirement Income Security Act (ERISA) (as amended by HIPAA), generally prohibit plan sponsors from using a health factor as a basis for discrimination with regard either to eligibility to enroll or for determining premium contributions under a group health plan. These final regulations, issued jointly by the Departments of Treasury, Labor and Health and Human Services, provide helpful clarifications and modifications to the interim rules published in 1997 and 2001. While the effective date of the regulations is February 12, 2007, the new rules afford employers until July 1, 2007, at the earliest, to comply with the final standards (for calendar year plans, January 1, 2008). Report Link "HIPAA Certifications" Are Not Required Under HIPAA Privacy and Security Regulations.Jackson Lewis LLP - May 12, 2006 Many employers sponsoring group health plans have asked: "Do we have to be HIPAA 'certified' in order to be compliant with the HIPAA privacy and security regulations?" Report Link Latest Agency Action on HIPAA Portability for Group Health Plans Contains Few Changes.Jackson Lewis LLP - March 24, 2005 At the end of 2004, the Departments of Treasury, Labor, and Health and Human Services published the final regulations regarding health coverage portability requirements under the Health Insurance Portability and Accountability Act of 1996. Report Link New HIPAA Health Care Portability Regulations (pdf).Vedder Price - February 17, 2005 On December 30, 2004, the Departments of Treasury,
Labor and Health and Human Services jointly issued
final and proposed regulations regarding the portability
requirements under the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA"). Report Link Final Regulations on HIPAA Portability for Group Health Plans Contain Few Changes.Jackson Lewis LLP - January 06, 2005 On December 30, 2004, the Departments of Treasury, Labor, and Health and Human Services published the final regulations regarding health coverage portability requirements under the Health Insurance Portability and Accountability Act of 1996.
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ArticlesFound: 23 ArticlesNO SUBTOPICSEmployment Law Seminars
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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