Privacy, Insurance

The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond

by Katharine O. Beattie, Patricia Moran | Mintz Levin - Health Law on 5/15/2013

The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with...more

HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA

by Ryan Blaney | Proskauer - Privacy & Data Security on 5/9/2013

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

Checklist for Timely Compliance with HIPAA Omnibus Rule

by Lori Oliphant | Winstead PC on 5/7/2013

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers...more

HIPAA Task Force – May 2013

by Jennifer Spiegel Berman, Molly E. G. Ferraioli, Thora A. Johnson, Jessica Kuester, Peter Parvis | Venable LLP on 5/2/2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

OCR Publishes HIPAA Guides for Providers and Consumers

by Kimberly J. Gold | Mintz Levin - Health Law on 5/2/2013

Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers. Recognizing the widespread...more

Legal Alert: Senate Finance Committee Hears Testimony on Proposal to Limit Access to Death Master File

by David Arrojo, Wilson Barmeyer, Marlys Bergstrom, Ellen Dunn, Phillip Stano, Steuart Thomsen, Mary Jane Wilson-Bilik | Sutherland Asbill & Brennan LLP on 4/22/2013

On April 16, 2013, the Senate Finance Committee held a hearing on “Tax Fraud and Tax ID Theft: Moving Forward With Solutions,” including testimony on proposals to restrict access to the Social Security Administration’s Death...more

Insurance Coverage for Class Action Lawsuits

by Judy Selby | BakerHostetler on 4/19/2013

Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.” The same can be said about class action lawsuit filings after the...more

Legal Alert: Administration Proposes To Limit Access to Death Master File

by David Arrojo, Wilson Barmeyer, Marlys Bergstrom, Ellen Dunn, Phillip Stano, Steuart Thomsen, Mary Jane Wilson-Bilik | Sutherland Asbill & Brennan LLP on 4/16/2013

Over the past two years, states have undertaken various initiatives – including audits, exams, regulations, and legislation – intended to require insurers to compare their life insurance policy records with the record of...more

Birmingham Medical News: I-Phone Or HIPAA-Phone?

by Kelli Carpenter Fleming | Burr & Forman on 4/9/2013

With the recent issuance of the long-awaited final rule by the Department of Health and Human Services ("HHS"), the protection of patient information has been a hot topic among the health care industry the past few months....more

Feeling Cyber-Secure: Avoiding The Devastating Hacker

by Michael Schmidt | Cozen O'Connor on 4/8/2013

Pro-actively drafting cybersecurity policies and protocols is like doing a will for yourself, or an employee manual for your company. The thought process is that there is nothing imminently pressing that requires me to think...more

Proposed Regulations Released On The 90-Day Waiting Period Limitation Under The ACA

by Tracy Morley | XpertHR - Partnered with LexisNexis on 4/5/2013

On March 18, 2013, the US Departments of Health and Human Services, Labor and Treasury jointly released proposed regulations implementing the 90-day waiting period limitation under the Affordable Care Act. Under the proposed...more

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

by Patricia Shea | K&L Gates LLP on 4/2/2013

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

Hospitals: Audits And Compliance

by Michael Volkov on 4/2/2013

Hospitals are under intense scrutiny. The federal government knows that one sure way to reduce healthcare costs is to get hospitals to lower their costs. Hospitals feel the pinch given the need to generate revenue but know...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

Protect Your Business With Cyber Liability Coverage

by Amanda Hairston | Farella Braun + Martel LLP on 3/11/2013

Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Robert Chu, William Conaboy, Gregory Fliszar, Katherine Layman, Judy Mayer | Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Under the Dome: Inside the Maine State House Marsch 1, 2013

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 3/5/2013

Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House. If you would like more specific information regarding an item in this newsletter...more

Final HIPAA/HITECH Rules: Compliance Actions for Employee Benefit Plans

by Hugh Davis, Kathryn Paradise | Poyner Spruill LLP on 3/5/2013

The Department of Health and Human Services recently released final regulations modifying the HIPAA Privacy, Security Breach Notification and Enforcement Rules (the “Omnibus Rule”). These regulations have far-reaching effects...more

Special Edition: Health Law Update - February 28, 2013

by Anne Foster, Cory Fox, Susan Whittaker Hughes, Theodore Kobus III, Jennifer Mills, John Mulhollan, Lynn Sessions, Kimberly M. Wong | BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

New HIPAA Rules Regarding Genetic Information Affect Employers, Group Health Plans, Health Insurers and Healthcare Providers

by Lisa Clark, Harry Silver | Duane Morris LLP on 2/26/2013

Genetic Information Under HIPAA - While the final rule supplementing and modifying the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, Breach Reporting and Enforcement Rules—78 Fed. Reg....more

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