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OCR Announces Guidance on Individual's Right to Access Health Information Under HIPAA

On January 7, 2016, the Office of Civil Rights (OCR) of the Department of Health and Human Services released a fact sheet and the first of a series of Frequently Asked Questions (FAQs) to explain an individual’s rights under...more

Zika Virus: Appropriate Workplace Responses

The Zika virus has been the topic of much discussion and anxiety for many weeks. The United States Centers for Disease Control and Prevention (CDC) has now issued travel warnings for more than two dozen countries in the...more

HHS OCR Issues Rule Modifying HIPAA In Effort To Fight Gun Violence

On January 4, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued a rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule to expressly...more

Senate Bill Would Strengthen Mandate That People With Disabilities Be Integrated in the Community

Senator Charles Schumer (D-NY) recently introduced the Disability Integration Act of 2015 (DIA) in the U.S. Senate. If passed, the bill would require states and health insurers to provide services to people with disabilities...more

The Zika Virus: Frequently Asked Questions for Employers

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed.  Employers may wonder if they have obligations to protect or accommodate employees under...more

Wellness Program Exempted from ADA

A federal district court in Wisconsin has upheld an employer-sponsored wellness program against a challenge by the Equal Employment Opportunity Commission (EEOC) that the program violated the Americans with Disabilities Act...more

EEOC Denied in Attempt to Apply ADA Rules to Wellness Plan Tied to Group Health Plan

On the last day of 2015, the U.S. District Court for the Western District of Wisconsin ruled against the Equal Employment Opportunity Commission (“EEOC”) in its suit against an employer under the Americans with Disabilities...more

2015 L&E Developments

As we begin 2016, it is a good time to look back at 2015 labor and employment law developments that employers must keep in mind during the new year. 2015 was indeed a busy year. AFFORDABLE CARE ACT - In 2015, the...more

Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing...more

HHS Removes Barriers to Reporting Federal Mental Health Prohibitor Status for Gun Background Checks

On January 6, 2016, the U.S. Department of Health and Human Services (HHS) released a modification to the Health Insurance Portability and Accountability Act (HIPAA) removing barriers to reporting federal mental health...more

Federal Court Says Employer’s All-or-Nothing Requirement that Employees Submit to Wellness Program or Lose Health Insurance is...

Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations. In EEOC v. Flambeau, Inc., the court held that that an employer did not violate the...more

UPDATE – What's On the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

EEOC Keeps Its Resolution to Litigate Company Wellness Programs Under ADA, Despite Recent Victory for Employers

With the holidays now behind, many employees view the New Year as an opportunity to lose weight, exercise more, or make any number of other resolutions to improve their health. And it’s not just individuals seeking healthier...more

The Wellness Program Awakens: District Court Rejects EEOC Challenge in Flambeau

Wellness programs, already something of a force in the group health plan industry, received a shot in the arm at the end of 2015 when a federal district court in Wisconsin ruled that an employer may require compliance with a...more

HIPAA Privacy Rule Amended To Permit Reporting of Firearm Background Check Information

The January 6, 2016 Federal Register included a final rule (“Final Rule”) amending the HIPAA Privacy Rule to expressly permit certain “covered entities” to disclose to the National Instant Criminal Background Check System...more

Georgia Legislative Session preview

Dentons’ State Government Affairs team examines a battery of local third-rail issues on tap when the Georgia General Assembly convenes January 11. We look at expanded rail service in Atlanta, balancing religious freedom,...more

Does your organization’s new year’s resolution violate employee privacy?

One of the most common New Year’s resolutions is a renewed commitment to health and fitness. Many employers also seek to update or introduce wellness programs at the beginning of the year with the goal of improving their...more

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of...more

Africa Update - December 2015 #3

Leading the News - Libya: On December 11th, the new United Nations (U.N.) Special Representative for Libya Martin Kobler announced the parties to the country’s political dialogue process reached an agreement to...more

Labor & Employment E-Note - December 2015

Howard Bogard, Chair of Burr's Health Care Practice Group, outlines his top ten 2015 health care developments for Alabama providers in his annual "Health Care Year In Review” article for the Birmingham Medical News....more

Washington Healthcare Update

This Week: Congress raced to exit for the holidays and passed a $1.5 trillion omnibus spending bill and $680 billion tax-extenders package on Friday. The omnibus funds the government through September 2016. President Obama...more

Health Care E-Note - December 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Please see full E-Note below for more...more

What's on the Horizon for Employers in 2016?

2016 is nearly upon us. While federal employment legislation most likely will not be enacted in the upcoming year, employers can expect federal agencies to continue their efforts to implement the Obama Administration's agenda...more

Implications for Employers In Navigating Transgender Employee Requests For Access To Employer Facilities

A transgender woman filed a complaint last week against a large healthcare employer alleging sex discrimination in violation of Title VII. The complainant seeks, among other things, a permanent injunction against the...more

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