Health Education

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Colleges/Universities Granted Extended Relief for Premium Reductions in Connection with Student Health Insurance

The Departments of Labor, Health and Human Services and the Treasury (collectively, the “Departments”) on Friday extended enforcement relief, via publication of FAQs About Affordable Care Act Implementation Part 33 (“FAQs”),...more

Student Health Insurance Plans and the ACA: Agencies Provide Enforcement Relief that Allows Colleges and Universities to Continue...

Late last week, the Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the Treasury (collectively, the “Agencies”) issued a very welcome FAQ that will allow higher education institutions to continue...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Temporary Relief for Certain Student Health Plans Extended Indefinitely

In recently issued guidance, the U.S. Departments of Treasury, Labor, and Health and Human Services indicated that they will indefinitely extend relief to colleges and universities that subsidize the cost of individual...more

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Community College System Seeks Increase in State Funding - In the upcoming...more

Family Policy Compliance Office Issues FERPA Privacy Guidelines

Institutions of higher education frequently offer students access to on-campus medical services resulting in institutionally maintained student medical records. These services have grown over the last several years and, in...more

News from Second and State

Weekly Wrap: - For the first time since the passage of the 2016-2017 general appropriations bill, both the Pennsylvania House and Senate were in session this week. With the session winding down and the general election...more

Top Ten Things To Know About Florida's Amendment 2

The Basics: Amendment 2 is a voter-initiated constitutional amendment legalizing medical marijuana possession and use. Amendment 2 establishes a caregiver-patient system for medical marijuana distribution. Caregivers must be...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22...more

First Circuit Adopts “Arm of the State” Test to Affirm Dismissal of FCA Complaint

In January 2016 in a matter of first impression, the First Circuit held that the University of Massachusetts Medical School is a state agency, and therefore not a “person” subject to liability in a False Claims Act (“FCA”)...more

California Ballot 2016: Pros and Cons of Props 57-61

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...more

IRS releases updated safe harbors for management contracts in tax-exempt bond-financed projects

On August 22, 2016, the Internal Revenue Service released Revenue Procedure 2016-44. The purpose of this revenue procedure is to provide revised and broader “safe harbors” under which certain private management contracts will...more

IRS Relaxes Restrictions on Management Contracts for Bond-Financed Facilities

The IRS on August 22, 2016 released long-anticipated Revenue Procedure 2016-44 (Rev. Proc. 2016-44), which substantially increases flexibility in, and provides a less formulaic approach to, the ability of a tax-exempt bond...more

California Ballot 2016: Pros and Cons of Props 51-56

Californians must decide on 17 initiatives in the November election this year, and those are just the proposed measures of state-wide concern. Never mind the many local initiatives affecting counties and neighborhoods. The...more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

University of Mississippi to Pay $2.75 Million for Alleged HIPAA Violations

On July 21, 2016, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced a settlement with the University of Mississippi Medical Center (UMMC), stemming from a 2013 breach of...more

2.7 Million Dollar HIPAA Settlement

Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule, Privacy Rule, and...more

Legal Update: Amendments to the Public School Code - Diabetes Management

On July 13, 2016, Governor Wolf signed into law House Bill 1606, now known as Act 86 of 2016 (“Act 86”). Included among the numerous amendments to the Public School Code, Act 86 establishes new requirements for LEAs related...more

Expanding Access and Encouraging Health Care: H.R. 5529

This is the third installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016. The original post briefly summarizing all five bills was posted in...more

10 Items of Note From the 2016 South Carolina Legislative Session

The South Carolina General Assembly completed its 2016 regular session on June 2. The following are highlights from that session. 1. Highway Funding and SCDOT Restructuring - Legislation (S.1258) addressing road...more

FY2017 Massachusetts Budget Update: The Conference Committee Budget

Just before the close of the fiscal year, the House and Senate reached an agreement on a $39.146 billion state budget for FY17. Due to a recently identified $750 million drop in projected state revenue, the budget, which was...more

Worth Another Look: Amendments to the Human Services Code

Typically when a state General Appropriations (GA) bill for the new Fiscal Year is passed, the legislature considers bills amending the Public School Code, Human Services Code, Fiscal Code and Tax Code. While the GA bill...more

News from Second and State

Yesterday marked the last day of the 2015-2016 fiscal year, and the legislature passed a budget for the 2016-2017 fiscal year just in the nick of time. Last night, the House concurred in S.B. 1073 (Browne, R-Lehigh), which,...more

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