On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity...more
California Attorney General Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) since July 2023, when he announced an “investigative sweep” through inquiry letters sent to large California...more
3/5/2024
/ Administrative Fines ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Joint and Several Liability ,
Personal Information ,
Regulatory Agencies ,
Regulatory Authority ,
Security and Privacy Controls ,
State Attorneys General ,
Statutory Violations
California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more
2/29/2024
/ Business & Professions Code ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CalOPPA ,
Compliance ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Invasion of Privacy ,
Minors ,
Personal Information ,
PHI ,
Privacy Laws ,
Security and Privacy Controls ,
Sensitive Personal Information ,
SOPIPA ,
State Constitutions ,
State Privacy Laws ,
Statutory Violations ,
Student Privacy ,
Unfair Competition Law (UCL) ,
Website Design ,
Websites
The California Privacy Rights Act (CPRA) provides comprehensive regulation of the personal information (PI) of California residents. PI includes any “information that identifies, relates to, describes, is reasonably capable...more
On November 27, 2023, the California Privacy Protection Agency (CPPA) unveiled draft automated decisionmaking technology (ADMT) regulations that would set forth new consumer protections related to the profiling of consumers...more
11/30/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Profiling ,
Employer Responsibilities ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Public Comment ,
Regulatory Authority ,
Right-To-Access ,
Risk Assessment ,
Tracking Systems
The compliance date for the California Privacy Rights Act (CPRA) is January 1, 2023. There are significant changes from the current law, the California Consumer Privacy Act (CCPA), including the following...more
Beginning January 1, 2020, certain California employers were required to comply with portions of the California Consumer Privacy Act of 2018 (CCPA) regarding the collection of consumers’ personal information. On November 3,...more
On June 5, 2019, in the matter Kerry W. v. Anthem Blue Cross and Shield, No. 2:19cv67, Judge Dee Benson of the U.S. District Court for the District of Utah granted Anthem Blue Cross and Shield’s motion to dismiss the...more
In Josef K. v. California Physicians’ Service, No. 18-cv-06385-YGR (U.S. District Court for the Northern District of California, June 3, 2019), Judge Yvonne Gonzalez Rogers concluded that an independent medical review (IMR)...more
Behavioral health claims administrators and plan sponsors alike may be looking more closely at their care guidelines—and how they are applied—after a federal court ruled in a California class action that a claims...more
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and...more
In 2011, the California legislature passed Insurance Code Section 10110.6 which bans the use of discretionary clauses in any policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not...more
Courts often do not clearly articulate what are key arguments in defending an action under the Employee Retirement Income Security Act of 1974 (ERISA) involving a claim for benefits based on subjective complaints. However,...more
Last week, the Ninth Circuit Court of Appeals issued its opinion in LeGras v. AETNA Life Insurance Company, No. 12-56541 (May 28, 2015), holding that the 180-day period to appeal a denial of a long-term disability claim was...more