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Hong Kong Commissioner upgrades rules for processing biometric data

The Hong Kong Commissioner has published guidance (‘Guidance’) to assist data users in complying with Hong Kong’s privacy laws when processing biometric data, and takes a broader approach than previous guidance dealing with...more

Back to School – HIPAA 101

After a summer that saw major data breaches at the Office of Personnel Management and UCLA Health System, this fall is a great time to take your organization back to school on HIPAA compliance and data security. Here are...more

Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

Health Alert (Australia) - August 10, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Victoria 3 August 2015 - AB v McKimm & Anor [2015] VCC 987 The County Court of Victoria granted an...more

Proceed With Caution: Does HIPAA Apply to Your Business?

Even if your business is not in the health care industry, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as updated by the Health Information Technology for Economic and Clinical Health Act (HITECH...more

Employer Health Plans: Taking Responsibility for Your Business Associates

The Anthem and Premera Blue Cross data breaches caused widespread panic throughout the employer health plan community earlier this year. For many, these data breach announcements served as a wakeup call for employer health...more

EEOC’s Proposed Rule on Employee Health Wellness Programs

On June 19, 2015, public comments were submitted for the EEOC’s much anticipated proposed rule to amend the Title I of the ADA to clarify how the statute applies to certain employee health wellness programs. The EEOC’s stated...more

An Unforgiving NLRB Holds That Protecting Patient Data Under HIPAA Can Still Violate Section 7 Rights

It would make sense that the systems housing patient records at a physician’s office should be protected by a robust duty on the part of the physician’s employees to keep such records confidential. The purpose, of course, is...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

EEOC Guidance: Redesigning Wellness Programs to Comply with the ADA

Although the Equal Employment Opportunity Commission (EEOC) has been actively taking legal action against employers over wellness programs that it considers coercive under the Americans with Disabilities Act (ADA), companies...more

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

EEOC Issues Proposed Wellness Programs Rules under the ADA – Is Your Employer-Sponsored Wellness Program “Voluntary”?

Wellness programs are becoming more popular among employers as a way to promote healthy lifestyles for their employees. Most employers are aware that their wellness programs must comply with the nondiscrimination rules under...more

EEOC Issues Notice of Proposed Rulemaking on Interplay Between ADA and Employee Wellness Programs

Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their...more

Legal Alert - Updated FMLA Forms Issued by the DOL

This week, the U.S. Department of Labor (DOL) issued its new Family and Medical Leave Act (FMLA) forms, updating the previous forms which had expired on February 28, 2015. The new FMLA forms can be found on the DOL’s website....more

New FMLA Forms Are Here Just in Time for Summer!

You can sleep a little easier tonight — you no longer have to worry about using expired Family and Medical Leave Act of 1993 (FMLA) forms. On May 27, 2015, the United States Department of Labor (DOL) quietly updated its FMLA...more

EEOC Issues Proposed Regulations on Employee Wellness Programs

In the past year, the U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against certain employers challenging the legality of their “wellness programs.” Wellness programs provide incentives to employees...more

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new...more

Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

EEOC Proposes Regulatory Clarification on the Application of the ADA to Employer Wellness Program Incentives

Action Item: Employers who already have, or are considering implementing, wellness programs that involve cost-sharing reductions or other financial incentives for participants should carefully review their programs given the...more

Comingling of employee and patient data compromises employer’s HIPAA defense to employee’s claim of discharge for union activity

An administrative law judge (ALJ) of the National Labor Relations Board has concluded that a health care employer’s use of its medical records software to store employee contact information allowed an employee to access that...more

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it...more

Compensation and Benefits Insights – April 2015

On April 20, 2015, the U.S. Equal Employment Opportunity Commission ("EEOC") published proposed regulations addressing how employers can implement wellness programs that comply with the Americans with Disabilities Act...more

EEOC Proposes Rules Related to Employee Wellness Programs

Since the passage of the Affordable Care Act ("ACA"), and in an age of overall rising healthcare costs, many employers are instituting more robust wellness programs in order to reduce their health insurance costs. In these...more

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