Frank Fanshawe

Frank Fanshawe

Wilson Elser

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Latest Publications


Phase 2 HIPAA Audits Are Under Way: Are You Prepared?

The Office of Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced on March 21, 2016, that it has officially begun Phase 2 of its Health Insurance Portability and Accountability Act...more

4/1/2016 - Business Associates Covered Entities HIPAA Audits OCR

Privacy and Security: Highlights from the HHS Inspector General’s 2016 Work Plan

On November 2, 2015, the Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) announced its Work Plan for Fiscal Year 2016 (2016 Work Plan), which describes the OIG’s investigative focus for...more


2014: The Affordable Care Act Is Alive and Well – Are You Ready?

The U.S. Department of the Treasury (Treasury) recently announced yet another delay in the Employer Shared Responsibility (ESR) provisions of the Affordable Care Act (ACA). While this latest suspension in the enforcement of...more

2/13/2014 - Affordable Care Act Employer Mandates Health Insurance Shared Responsibility Rule U.S. Treasury Waiting Periods Wellness Programs

As the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators

New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered...more

10/21/2013 - Affordable Care Act Health Insurance Exchanges Healthcare Open Enrollment

ACA Not Enough to Save Penn State’s Employee Wellness Program

Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is...more

10/9/2013 - Affordable Care Act DOL Employer Mandates Healthcare HHS IRS Universities Wellness Programs

Evaluating Employer Insurance Coverages to Defend against Claimed Violations of the Affordable Care Act

Employers have long been subject to lawsuits brought by employees for employment actions such as wrongful termination, discrimination and harassment. With the opening this week of the Health Insurance Marketplaces and the...more

10/7/2013 - Affordable Care Act Employee Benefits Employee Rights Employer Liability Issues Employer Mandates ERISA Health Insurance Exchanges Healthcare Marketplace Notice Policy Violations

HHS Issues Privacy Rule Guidance for Law Enforcement Agencies

The Office for Civil Rights (OCR) of the Department of Health and Human Services recently announced the release of its guidance, “Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule: A Guide for Law...more


Administration Delays Launch of Federally Facilitated Small Business Health Insurance Exchanges

In 35 states where the federal government is taking a lead role in the development of the health insurance exchanges, small businesses will be required to wait until November to complete their online purchases of health...more

9/30/2013 - Affordable Care Act Delays Health Insurance Exchanges

OCR and ONC Release Model Notices of Privacy Practices

The long-awaited Omnibus Regulations (Omnibus Rule) adopted earlier this year by the Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS) requires covered entities to include new information in...more

9/23/2013 - HHS HIPAA Omnibus Rule Notice Requirements OCR

Business Associate Definition Expanded and HHS Empowered to Impose New Civil Fines

Long-awaited omnibus regulations (Omnibus Rule) adopted earlier this year by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) made significant modifications impacting “business associates” to...more

9/23/2013 - Business Associates Enforcement HHS HIPAA HIPAA Omnibus Rule Internet Service Providers (ISPs) OCR Penalties PHI

Omnibus HIPAA/HITECH Rules Require Changes to Notice of Privacy Practices Prior to September 23, 2013

Earlier this year, the Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS) issued its long-awaited omnibus regulations that make significant modifications to the HIPAA Privacy, Security,...more

9/3/2013 - GINA HHS HIPAA HIPAA Omnibus Rule HITECH Notice of Privacy Practices OCR

U.S. Department of Health and Human Services Imposes $1.2 Million Penalty For Protected Health Information Breach Involving Leased...

Covered entities should examine their procedures to evaluate and safeguard protected health information (“PHI”) that may be stored on leased photocopiers and other office equipment. Under a settlement with the U.S. Department...more

8/22/2013 - Affinity Health Plan Data Breach HHS HIPAA HITECH PHI Photocopiers

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