Jo Ellen Whitney

Jo Ellen Whitney

Davis Brown Law Firm

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Minimum Necessary and the Breach Standard

When the new HITECH rules came out OCR specifically said, “...uses or disclosures that impermissibly involve more than the minimum necessary information...may qualify as breaches.” But what exactly is the minimum necessary...more

4/23/2014 - Covered Entities Disclosure Requirements Health Insurance HIPAA HITECH OCR

OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year

The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more

4/22/2014 - Audits Covered Entities Healthcare HIPAA Internal Audit Functions KPMG Notice Requirements OCR Risk Assessment

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

4/21/2014 - Audits employee Healthcare Healthcare Professionals HIPAA Hospitality Industry Hospitals Illegal Drugs OCR ONC Patients Prescription Drugs

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

4/15/2014 - Confidentiality Employee Handbooks Employee Rights Employer Liability Issues NLRB Social Media

Employment Law Blog: Severance Agreements - Clarity and Simplicity Are Best

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC) in Chicago brought suit against CVS Pharmacy alleging that the company’s severance agreements for employees interfered with those employees’ civil...more

3/11/2014 - Contract Drafting Corporate Counsel CVS EEOC NLRB Severance Agreements

To Reference or Not to Reference? - That is Almost Always the Question

The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Give a bad reference...more

3/7/2014 - Hiring & Firing Job Applicants Reference Checks Termination

Preferential Hiring Beyond the OFCCP - Goodbye Employment-At-Will

When the Office of Federal Contract Compliance Programs (OFCCP) announced its rules on the hiring of veterans and those with disabilities this generated significant discussion on preferential hiring programs as well as the...more

10/16/2013 - ADA ADAAA Affirmative Action At-Will Employment Disability Federal Contractors OFCCP Veterans

Employment Law Blog - Lucky 13 - The Office of Civil Rights Enters into its 13th Corrective Action Plan

Charged with enforcing HIPAA and chided along by Congress to do a more proactive enforcement job, the Office of Civil Rights at HHS has entered into its 13th Corrective Action Plan for a covered entity....more

6/24/2013 - Corrective Actions Covered Entities HHS HIPAA Media PHI Public Disclosure

Employment Law Blog: The Perils of PTO (or too much alliteration)

Paid Time Off (PTO) is a marketing tool. We use it to obtain interest by prospective employees, to retain existing employees and sometimes we use it to get employees out of the office before we give in to that impulse to...more

6/24/2013 - FMLA Liability Paid Leave PTO

Employment Law Blog: Settle One, File Another - The EEOC Enforces GINA

HIPAA addresses a wide array of issues relating to medical privacy. It now also addresses if your momma’s ugly and that might be passed on to you. In addition to privacy and security the HIPAA Omnibus regulations also...more

6/19/2013 - EEOC GINA HIPAA HIPAA Omnibus Rule Hiring & Firing Job Applicants

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

6/19/2013 - Compliance HIPAA HIPAA Omnibus Rule HITECH OCR Risk Assessment

Employment Law Blog: The Price of Generosity - PTO Donation Policies

At Davis Brown's recent Employment Law Seminar, a hot topic was the structure and utilization of Paid Time Off and leave donation programs. Iowans tend to be generous givers. We step forward, we raise the barn, bake a pie,...more

5/8/2013 - Income Taxes IRS Leave Donation PTO

My Pregnant Girlfriend's Mother Needs a Ride to the Doctor. Is That FMLA?

Last week, during the firm’s Annual Employment Law Seminar, we offered a session on complex issues under the FMLA. The session made two things totally clear....more

5/1/2013 - FMLA Information Sharing Physicians Pregnancy

NLRB who? Why do I care if I don't have a union?

Most non-union employers think that the National Labor Relations Act is not applicable to their work force. Unfortunately, if that is what you think, your local NLRB office will be happy to point out how wrong you are. As we...more

4/30/2013 - NLRA NLRB Protected Concerted Activity Unions Workplace Investigations

Employment Law: Don't Mess with Mama -The DOL Issues Guidance on FMLA for Adult Children

On January 14, 2013 the DOL issued guidance on FMLA leave for adult children. Pursuant to the Family and Medical Leave Act, parents of an adult child have been previously able to take FMLA for a child who is incapable of...more

1/28/2013 - ADA ADAAA Adult Children Disability FMLA

Health Law: HIPAA Omnibus Regulation - I Want to Comply but What Exactly is Compromised Information?

The HIPAA Omnibus Regulation was publicly distributed by HHS last week with today, January 25, being the official publication date. The requirements are effective as of March 26, 2013 with a compliance deadline for almost...more

1/28/2013 - Business Associates Compliance Compromised Information Data Breach Data Protection HHS HIPAA HIPAA Omnibus Rule OCR PHI

Health Law: Family Feud Redux - The Release of Information to Family Members - HIPAA 164.510(B) & the New Standard

It has always been difficult to make determinations regarding what information can be provided to a family member once a patient or long-term care resident has passed away....more

1/25/2013 - Durable Power of Attorney Executors Family Members HIPAA Long-Term Care Release of Information

Health Care Reform Blog: Who is a Business Associate and Why Do We Care?

Under the revised HIPAA regulations published on 01/25/2013 business associates and their subcontractors become specifically liable for most of the security and privacy regulations under HIPAA and the HITECH Act....more

1/23/2013 - Business Associates Covered Entities Data Breach Data Protection HIPAA HIPAA Omnibus Rule HITECH Subcontractors

Health Law: OCR Has Been Busy - New Rules and Ability to Release Information in an Emergency

On Jan. 15, Leon Rodriguez, Director of the Office of Civil Rights, released a letter to the nations’ healthcare providers reiterating adherence to what many commonly refer to as the Tarasoff standard....more

1/22/2013 - Data Breach Data Protection GINA HHS HIPAA HITECH Notice Requirements OCR PHI Privacy Policy Tarasoff Standard

Employment Law Blog: Keep These Resolutions...or Else!

So, it’s January 6 and you have paid up your new gym membership online but you haven’t yet printed out the directions to the gym. The new elliptical is in the corner stacked high with the work-out clothes you bought....more

12/24/2012

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