Jo Ellen Whitney

Jo Ellen Whitney

Davis Brown Law Firm


Latest Publications

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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

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 Worker's Compensation

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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