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hipaa laws New Healthcare Privacy and Security Rules Finally Emerge

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The final omnibus rule, under review by the Office of Management and Budget since March, is based on statutory changes to the HITECH Act and Genetic Information Nondiscrimination Act of 2008. A recent Compliance Week story on concerns over the delayed issuance can be found here.

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Long-delayed and eagerly awaited, the Department of Health and Human Services on Thursday released revised privacy and security protections for health information established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Subhipaa laws New Healthcare Privacy and Security Rules Finally Emergescribe

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An item of concern leading up to yesterdays announcement was how the final rule would tackle notifications (to both individuals and HHS) following a breach of unsecured health information and whether a threshold of significant risk of harm to an individual would trigger such notifications. HHS added such a threshold in its proposed rule, even though Congress had expressly voted not to do so.

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Penalties are increased for noncompliance based on the level of negligence with a maximum penalty of $1.5 million per violation.

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The final rule retains the essence of that view, but does so after removing the harm standard and modifying risk assessment demands to focus more objectively on the risk that protected health information has been compromised. It clarifies that breach notification is necessary in all situations except those in which the covered entity or business associate demonstrates that there is a low probability of such a compromise. The rule also identifies the objective ctors covered entities and business associates must consider when performing a risk assessment.

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An example is used in the rule to explain the distinction between who does, or doesnt, meet these distinctions.An entity hired by a business associate to appropriately dispose of documents that contain protected health information is also a business associate and subject to the applicable provisions of the HIPAA rules. If the documents to be shredded do not contain protected health information, then the entity is not a business associate.

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The final rule is effective on March 26, 2013. Covered entities and business associates will have 180 days beyond the effective date of the final rule to come into compliance with most provisions, including the modifications pertaining to breach notifications.

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The package of HIPAA enhancements expands many existing requirements to business associates of healthcare entities that receive protected health information. The final rule defines business associate as a person who performs services for a covered entity that involve the use or disclosure of protected health information. The new definition adds patient safety activities to the activities that define a business associate relationship, as well as health information organizations, e-prescribing gateways, and vendors of personal health records. It also extends business associate provisions of HIPAA rules to subcontractors that create, receive, maintains, or transmit protected health information on behalf of a business associate.

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A cost-benefit analysis included with the rule estimates the total cost of compliance to be between $114 million and $225 million in the first year of implementation, and approximately $14.5 million annually. These costs are projected to include $55.9 million for notices of privacy practices required of approximately 700,000 covered entities, $14.5 million for breach notification requirements for 19,000 entities, between $21 million to $42 million for business associate agreements, and security rule compliance costs as high as $113 million.

In the proposed rule, HHS explained that a harm standard would align the rule with many state breach notification laws. In addition, the standard was intended to ensure that consumers were not flooded with breach notifications for inconsequential events,legal advice online. which could cause unnecessary anxiety and eventual apathy among consumers, it said.

HIPAA v the iPhone hipaa laws

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HHS recently included on its website some helpful information regarding security of mobile devices in video format. While primarily directed at health care providers, Online Education the videos are still useful for health plan sponsors/administrators (and their business associates). (The way the HIPAA rules are written suggest that the plan itself should view the videos, but we doubt the actual physical document would learn much.) Interestingly, the videos are emblazoned with disclaimers that following the videos does not guarantee compliance with HIPAA or any other law.

Lexology is one of the few newsfeeds that I do actually look over as and when it comes in - the information is current; has good descriptive headings so I can see quickly what the articles relate to and is not too long.

First HHS OCR settlement for HIPAA breach involving less than 500 patients sends message to providers

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It is a particularly good idea for plan sponsors/administrators to review the videos given that HHSs Office of Civil Rights (OCR) recently announced a resolution agreement with Hospice of North Idaho (HONI) in which HONI agreed to pay $50,000 and made certain future compliance commitments. The OCR investigation started due to HONIs voluntary report of a theft of an unencrypted laptop in accordance, Free legal information it appears, with the breach notification rules instituted by HITECH. Notably, the breach involved fewer than 500 participants (which is generally considered a small breach). Once OCR investigated, it determined that HONI (1) did not conduct the requisite security rule assessment on an on-going basis, info on insurance as required by HIPAA and (2) did not implement adequate safeguards with regarding to electronic PHI.

The bottom line is that plan sponsors and administrators should conduct the requisite risk asHIPAA v the iPhone hipaa lawssessments, particularly where employees may have access to protected health information on their laptops, iPhones, iPads, Android phones and tablets, etc. Plan sponsors/administrators may want to consider additional security training to ensure their employees understand the risks of using mobile devices to access PHI, perhaps even incorporating some of the videos made available by HHS.

OCR continues increased focus on enforcement, announces first HIPAA breach settlement involving less than 500 individuals

Recent SEC decision identifies social media and outside activity risks for investment advisers and broker-dealers

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CA Labor Laws I am a management employee working at a large corp and am being forced to train and cover for a union strike ca labor laws

.

1. The corporation is forcing us, under threat of termination, to train on nights/weekends in addition to our regular work/hours, for the purpose of covering for these union jobs/hourly positions. Are we entitled to additional compensation?

I think the last requirement is okay -- management can direct when vacation is taken -- although, Online Higher Education in this case, thats a pretty severe restriction, so I would need to research the issue a bit more -- (note that a use it or lose it policy is illegal. . . )

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Direct the work of at least 2 subordinates in your department.

Manage the entire enterprise in which you work or a customarily recognized department or subdivision.

2. In the event of a strike by the union, the corporation is forcing management employees to cover the union jobs,Education Information. for 6 days a week, 12 hours a day, without additional compensation and under threat of termination. Under CA law should we bCA Labor Laws I am a management employee working at a large corp and am being forced to train and cover for a union strike ca labor lawse compensated differently/additionally?

3 Questions, with attention to CA labor details:

3. The corporation has, under threat of termination, forbidden management employees from taking vacation from April - December 2009, to ensure that we are available to cover jobs in the event of a strike. Legal in CA ?

Spend more than 50% of your time doing the above.

If more than 1/2 your day is spent in non-management work, you are improperly classified as salaried,Free legal information. and the employer can be forced (in a lawsuit) to pay you overtime compensation. the laws on breaks would also kick in. (If those amounts are not paid at termination, penalty wages would also be owed.)

Exercise independent business judgment.

CA Labor Laws: I am a management employee working at a large corp., and am being forced to train and cover for a union strike.

There are various ways to address this, and it makes sense to talk to an attorney while you are still employed. . . .but the best advice is to document what is going on -- if management is forcing you to do these things by writing emails, keep a copy of the emails -- if everything is verbal, document by sending non-threatening emails

An employee must be in charge of the unit, not simply participate in the management of the unit. Most low and mid level managers are improperly classified under this exemption. If you were told you were not entitled to overtime because you are a manager, contact my firm and I can tell you whether or not this exemption might apply to you.

You have 4 years to file suit -- for each pay period that you are claiming the right to overtime pay.

Have authority to hire or fire directly or indirectly.

california employment law Happy new year new laws affecting California employers in 2013

I would like to thank the SCCA for this excellent service! The articles included in the newsfeeds are very useful and informative, and the user-friendly format of the newsfeeds means I can quickly glance over the prcis in...

Computing Regular Rate of Pay for Nonexempt Salaried Employees (AB 2103): AB 2103 amends the California Labor Code to provide that for the purpose of computing the overtime rate of compensation required to be paid to a salaried, nonexempt employee, the employees regular hourly rate shall be 1/40th of the employees weekly salary, regardless of any agreement between the employer and the employee to the contrary. The Legislature made clear in the bill that its intent is to overturn Arechiga v. Dolores Press (2011) 192 Cal.App.4th 567, in which a California Court of Appeal upheld a written wage agreement that predetermined a nonexempt employees overtime compensation and included it as part of the employees salary. AB 2103 means that the method of calculating overtime for salaried, nonexempt employees cannot be modified by any agreement between the employer and the employee.

Inspection of Personnel Files (AB 2674): This law requires employers to maintain personnel files for at least three years after the employment relationship ends. It also provides a current or former employee, or his/her representative, an opportunity to inspect and receive a copy of personnel records within 30 days, except during the pendency of a lawsuit filed by the employee or former employee relating to a personnel matter. The law gives employers token protection from harassing or duplicative requests by providing that employers do not need to respond to more than 50 requests per month from employee representatives. AB 2674 also amends the Labor Code to require that when an employee requests copies of his/her wage statements (under existing law, an employer must comply with such a request within 21 days), the employer must produce a copy that is actually a duplicate of the original itemized statement or a computer generated record that contains all of the information required on wage statements in California.

Breastfeeding and Related Medical Conditions (AB 2386): Under FEHA, it has long been unlawful for employers to discriminate on the basis of gender. The term gender, which previously included pregnancy, Legal Consultant online childbirth, and related medical conditions, now includes breastfeeding and related medical conditions.

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Religious Dress and Grooming Accommodation (AB 1964):AB 1964 amends the California Fair Employment and Housing Act (FEHA) to include a religious dress or religious grooming practice as a belief or observance covered by the protections against religious discrimination. FEHA already required accommodation of an employees religious expression, except in cases of undue hardship. Thecalifornia employment law Happy new year new laws affecting California employers in 2013 law now requires employers to accommodate religious dress, which includes the wearing or carrying of religious clothing, head or ce covering, jewelry, articts, and any other item that is part of the religious observance, as well as religious grooming, which broadly includes all forms of head, cial or body hair related to a religious observance or creed. The new law specifies that an accommodation may not include segregating an employee from the public or other employees.

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Social Media Passwords (AB 1844): This legislation prohibits an employer from requiring or requesting that an employee or job applicant disclose a user name or password for the purpose of accessing personal social media. It also prohibits requiring or requesting that an employee or applicant access personal social media in the presence of the employer, or divulge any personal social media. The law prohibits retaliation against an employee or applicant for not complying with an employers request for such information. There are a couple of exceptions to this new law: An employer may request that an employee divulge personal social media that the employer reasonably believes is relevant to an investigation of allegations of employee misconduct or employee violation of law,Free legal information. provided that the social media is used solely for purposes of that investigation. Additionally, the law does not preclude an employer from requiring or requesting that an employee disclose a user name, password or other method for the purpose of accessing an employer-issued electronic device.

Written Commission Agreements: As we have highlighted in previous posts, all contracts for employment involving commissions as a method of payment must now be in writing and must set forth a method by which the commissions are required to be computed and paid. The employee must be given a signed copy, and the employer must obtain a signed receipt from the employee.

Wage Statement Injuries (SB 1255): California Labor Code Section 226 requires employers to provide employees with itemized wage statements containing nine specific pieces of information. In the event of a violation of this requirement, an employee who suffers an injury can recover up to $4,000 in statutory penalties, as well as costs and attorneys fees. SB 1255 provides that an employee suffers injury if he/she does not receive a wage statement at all, or is provided an inaccurate or incomplete wage statement and cannot promptly and easily determine from the wage statement alone one or more of the following: (1) The gross or net wages paid to the employee during the pay period, (2) which deductions an employer made to determine net wages, (3) the name and address of the employer, and if the employer is a rm labor contractor, the name and address of the legal entity that secured the services of the employer during the pay period, (4) the name of the employee and only the last four digits of the employees social security number or the employees identification number. SB 1255 may result in an increase in wage statement lawsuits filed by employees who are paid on a piece rate or a commission basis, because employers often il to include information on paycheck stubs for such employees that would enable them to promptly and easily understand the basis in which their wages are calculated.

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The California Legislature was again busy in 2012 thinking of new ways to make it more difficult to do business in the Golden State. Heres our annual overview of key changes to employment laws in California (see last years summary here). Companies with operations in California should ring in the new year by ensuring their miliarity and compliance with these laws, which took effect on January 1, 2013.

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Funeral services for Swartz will be held on Tuesday.

Internet Activist and Prodigy Aaron Swartz Dead from Suicide, Family Blames Over-Reaching U.S. Attorneys Office

Internet Activist and Prodigy Aaron Swartz Dead from Suicide, Family Blames Over-Reaching U.S. Attorneys Office

On Saturday, Swartzs mily made a statements saying,Summary Of Easa Part-66 Aircraft Maintenance Licence. Aarons death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. attorneys office and at MIT contributed to his death. The U.S. attorneys office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own communitys most cherished principles.

Two years prior to the MIT incident, Swartz downloaded and released a trove of U.S. Federal Court documents from the PACER system. Like JSTOR, the documents at PACER cost the viewer to read the documents. In that incident, Swartz downloaded 18 million pages.

Internet Activist and Prodigy Aaron Swartz Dead from Suicide, Family Blames Over-Reaching U.S. Attorneys Office

The president of MIT, Raelgw law Alaska Native News-News for the People of the Last Frontier Reif, said on Saturday that the university would initiate an internal investigation into its role in the prosecution of Swartz. I want to express very clearly that I and all of us at MIT are extremely saddened by the death of this promising young man who touched the lives of so many, Reif said in the statement issued Sunday. It pains me to think that MIT played any role in a series of events that have ended in tragedy. Hal Abelson, an electrical engineering professor at MIT was asked by Reif to lead a thorough analysis of MITs involvement from the time that we first perceived unusual activity on our network in ll 2010 up to the present.

Anonymous, the Internet hacking collective, on Sunday night hit many of MITs sites with a Denial of Service attack and also hacked two of MITs sites, turning them into memorials that called for reforms to computer crime laws as well as copyright and intellectual property laws.

Jan 22, aduedu1023.typepad.com 2013 6:53:16 AM

health insurance laws An interesting if mildly depressing exchange on Obamacare

I think it was a veiled threat, a la the attacks on Chick Fil A for daring to vor traditional-marriage-supporting organizations.

Short version: you dont actually need to be xenophobic genocidal racists in order to have an economic system where the government controls all the businesses. Although I would be the first to admit that anti-Semitism seems to flourish under this kind of state-controlled economic policy

Rank and file tell GOP leaders to keep sequester, shutdown on the table. tcot RSRH

rsrh Then again, we all know that groups like the Coalition to Stop Gun Violence LIKE it when minorities feel helpless. Good for business.

I dont understand what your question or your point is, Mackey said.

Goodness gracious, but check this out. Background: Whole Foods CEO John Mackey called Obamacare first socialist,education fund. then scist, then regretted calling it scist because the Left is generally too ill-educated to understand the difference between National Socialism and economic scism -so they were thus all getting hung up in their own ignorance, and thus omitting to address Mackeys point. Cue CNN Carol Costello, who gave a stunning demonstration of same.

Does anyone watch CNN? And while EEs post was on nostalgia it turned into a ACA debate yet heres a post on the actual subject of Ocare. I did see the interview with Mackey on Greta last night and Id have to agree with him and that Costello is beyond clueless along with all the other hosts on CNN. Its a worthless network.

Myths: a) The Police Will Protect You. b) Democrat run cities take mental illness seriously. rsrh

rsrh Eric Cantor: Heres a 3-month debt ceiling increase. Use it to pass a budget, Senators.:

The retraction written by Mackey is a classic non apology apology.

rsrh Thought experiment: how would Buzzfeed react to this kind of homophobic language? - Asks a SSM supporter.

Id like to understand what sane reforms Paul Ryan thinks he will get out of Luis Gutierrez rsrh

This is definitely a clueless question INSTEAD of doing a straightup interview with So, how will this law affect you, your company and your employees? its a politically motivated Which side are you on, the heretics or the good people? Why question the Great OZ-bama?

New Post-ABC poll finds 48% of Republicans say any increase in the debt limit should be tied to spending cuts, 45% disagree. RSRH

House rejects agency spending cuts to offset some of the cost of so-called Sandy relief bill. RSRH

rsrh Shorter Coalition to Stop Gun Violence: better a black man be lynched than a white man use a gun to stop that.

Moe Lane (crosspost)

I suspect that Mackey was being nice. The question was Why are you publicly disagreeing with your customers on a political issue? and the point was HERETIC! UNBELIEVER! Which Mackey almost certainly knew, although Im not sure that Carol Costello did.

But why inject yourself into the debate over ObamaCare in the first place?

Actually, its yet another example of why markets are superior to political action.

Voter now trust political inhealth insurance laws An interesting if mildly depressing exchange on Obamacareformation from social media as much as that in traditional news sources. tcot RSRH

And btw a fine retort to I think, though, that many of your customers probably wouldnt agree with you might be:

Costello then asked, But why inject yourself into the debate over ObamaCare in the first place?

Whats the Republican conservative officer count on your county committee? Did you have a vote?

So, once Mackey had dumbed it down again for the nice talking head, we get this exchange:

Does your activism start, Lipom Medical Blog or stop, with a Facebook like or a Twitter RT? tcot majority rsrh

Hes a great businessman that realized that his comments had pissed off a large segment of his customer base and so quickly refined his comment to assuage their anger.

rsrh Hey, education books its time for more Democratic scary stories about Organizing for America!:

We respect and cater to our customers, but in the end we also have to care for our employees and this law is hurting our ability to hire, retain and provide the right benefits to employees. Customers dont see that side of thing unless they are in a hiring situation themselves, but they might agree with our view if they are being denied the kinds of healthcare choices we are forced to deny our employees because of ACA.

RT @moelane: rsrh Eric Cantor: Heres a 3-month debt ceiling increase. Use it to pass a budget, Senators.:

rsrh So. Name the last policy position that President Obamas successfully sold to Americans.:

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Mackey responded that he provides health insurance for 73,000 Whole Foods employees and some provisions of Obamas health care law will raise his companys costs. Its it more difficult to provide the insurance at affordable rates to our team members, so Im trying to protect them as well as I can, he said.

I think, though, that many of your customers probably wouldnt agree with you since, I dont know, you kind of run a store that appeals to the more liberal in America in some ways,shunli219.typepad.com. Costello replied.

Conservatives have been so successful in focusing on voting records that establishment now using Dems to pass spending bills rsrh

Why are you publicly disagreeing with your customers on a political issue?

California changes pregnancy leave rules? california employment law

The Complete ELNY Saga For more than two decades, the Executive Life Insurance Company of New York (ELNY) has been bled for billions of dollars while languishing in a state-imposed purgatory.

California also now prohibits an employer from taking pregnancy,Show or hide the "My recent documents" from XP Start menu. or perceived pregnancy, into account when transferring an employee to a new position over that employees , and it prohibits an employer from requiring an employee who is pregnant, or perceived to be pregnant, to take a leave simply because of the actual or perceived pregnancy, Shadi and Brown report.

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Regulators proposed the regulations in November 2011, and the Office of Administrative Law approved the regulations Nov. 30, 2012.

California also has converted the old 4-month pregnancy disability leave period into a leave period expressed in terms of the number of hours a worker normally would have worked over a 4-month period. A woman who worked 40 hours per week, for example, would get about 700 hours of pregnancy disability leave. Women in the state now can take pregnancy leave by reducing the number of hours they work each day rather than taking the leave all at once.

LifeHealthProLifeHealthPro.com is the vital online destination for life & health insurance advisors, designed to provide them with the esseCalifornia changes pregnancy leave rules? california employment lawntial elements they need to run their practice and increase their bottom line including breaking news, market trends, practice tips and more.

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New pregnancy leave and discrimination rules took effect in California Dec. 30, education news 2012.

2013 Outlook As we move into a transition year, check out LifeHealthPros conjectures for the life, annuities, health and disability markets.

One section will apply the same rules that protect workers who are pregnant against discrimination to any acts of discrimination based upon the perception that an employee is pregnant, according to Sabrina Shadi and Damon Brown of BakerHostetler.

See also:

The California Department of Fair Employment and Housing has added twists to the rules that protect pregnant workers and other workers in the state against pregnancy-related discrimination.

hipaa laws HHS Releases Long-Awaited Final Rule Expanding HIPAA

The new rule implements a number of changes to the Health Insurancehipaa laws HHS Releases Long-Awaited Final Rule Expanding HIPAA Portability and Accountability Act, or HIPAA,What Education And Learning You Have To Pass To Become A Forensic.Botswana threaten to strike over payment ahead of Africa Cup of Nations hair styles in AFCON. passed as part of the stimulus bill in 2009.

Competition

Mergers &siness associates of health care providers and insurers, such as billing contractors,online education. subject to those laws for the first time.

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The rule will expand the types of entities that are subject to HIPAA. The law has traditionally applied...

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