Emergency Response

News & Analysis as of

Emergency Response II: Press Reports and False Markets

Introduction - On 10 December 2014 a report was published relating to the mishandling of the UK Financial Conduct Authority’s (FCA) announcement of its thematic review into certain insurance business. The mishandling...more

New Law Protects Volunteer Workers

A new New York State law prohibits employers from firing volunteer firefighters and members of volunteer ambulance squads for taking time off from their jobs to respond to state of emergencies such as hurricanes and...more

Ebola Outbreak Prompts HHS Bulletin on Application of HIPAA During Emergencies

The Health Insurance Portability and Accountability Act (HIPAA) was enacted by Congress and signed by President Bill Clinton in 1996. According to the U.S. Department of Health and Human Services (HHS), the HIPAA Privacy Rule...more

HIPAA Privacy in Emergency Situations

In light of the Ebola outbreak and other events, the U.S. Department of Health and Human Services, Office for Civil Rights, released a bulletin to ensure HIPAA covered entities are aware of the ways in which patient...more

Health Headlines: Also in the News - November 2014 #3

HHS Releases Bulletin Clarifying HIPAA Privacy Rule in Emergency Situations – In light of the recent Ebola outbreak, HHS released a bulletin on November 10, 2014 “to ensure that HIPAA covered entities and their...more

Meet Your Deadlines: West Virginia AST Act Challenges [Video]

Although the W.Va. Aboveground Storage Tank Act, enacted this spring, is comprehensive in its scope—imposing new requirements for registration, permitting, inspection and certification, notice, spill response planning and...more

Ebola Matters of First Impression; Law Lags Behind Policy

While we turn to science and laws to guide our response to matters in the healthcare industry, the entrance of the Ebola virus into our lives here in the U.S. has challenged our abilities, both from a medical and legal...more

California Governor Signs Bill Regulating Oil by Rail

On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide...more

Under The Dome: Inside The Maine State House 4-18-14

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Completes Last Full Week of Work for the Year - On April 18th at 1:05 a.m.,...more

USDOT Issues Emergency Order Impacting All Bakken Crude Oil Rail Shipments

In response to safety concerns over trains carrying crude oil extracted from Bakken shale, the federal Department of Transportation (USDOT) issued an Emergency Restriction/Prohibition Order yesterday, affecting all those who...more

CMS Proposes Extensive Emergency Preparedness Rules

On December 26, 2013, CMS proposed emergency preparedness rules in the form of conditions of participation and conditions of coverage. These rules would apply to hospitals (including critical access hospitals), ambulatory...more

38 Michigan Counties Designated As Primary Natural Disaster Areas By USDA

The U.S. Department of Agriculture (USDA) has designated 38 counties in Michigan, with three different designations, as primary natural disaster areas due to multiple disasters. Qualified ranchers and farm operators in the...more

Dust In The Wind – A "Silent Epidemic" Rises In The Southwest

Statisticians call it a correlation when two sets of data are strongly linked. Last Friday, the governor of California declared a state of emergency arising from the persistent drought that resulted in 2013 being the driest...more

Affordable Care Act Update: Volunteer Firefighters And Other Emergency Responders Are Not Full-Time Employees Or FTE’s Under ACA

On January 10, 2014 the U.S. Department of Treasury announced that volunteer firefighters and other emergency responders (“volunteer emergency personnel”) at governmental or tax-exempt organizations “generally” need not be...more

Regulators Provide ACA Guidance on Volunteer Emergency Workers

On Friday, the Department of Treasury announced on its blog that it intends to provide an exemption to the employer penalty provisions for volunteer firefighters and emergency services personnel. According to its blog post,...more

Volunteer Hours Of Firefighters And Emergency Responders Can Be Excluded From ACA's Shared Responsibility Calculation

Executive Summary: The Department of Treasury has posted a statement on its blog indicating that the volunteer hours of volunteer firefighters and volunteer emergency medical personnel do not need to be included in...more

Emergency Response in the Energy & Natural Resources Sector: The Lawyers’ Perspective

Introduction - The term "emergency" can encompass a wide range of events, including on and off shore casualty incidents, such as fire, explosion and collision, environmental disasters, the impact of sanctions and/or...more

January 6, 2014 Deadline to File Tropical Storm Karen Extension

Section 252.363, Florida Statutes, provides an extension for certain development-related permits and authorizations when the Governor declares a state of emergency, effective within the area covered by the emergency...more

Capital Thinking: Homeland Security

Jeh Johnson Nominated for DHS Secretary - President Barack Obama has nominated former U.S. Department of Defense General Counsel Jeh Johnson to serve as the next secretary of the Department of Homeland Security (DHS)....more

AB 491 Gives Nonprofits Flexibility During an Emergency

The California Legislature recently passed AB 491, giving corporations, including nonprofits, flexibility to conduct ordinary business during an emergency such as a natural catastrophe, an enemy attack, an act of terrorism,...more

Emergency Powers And Emergency Bylaws Bill Enacted

Now Corporations Can Be Like the Boy Scouts - Thanks to the efforts of the Corporations Committee of the Business Law Section of the California State Bar, the legislature last week enacted and the Governor has signed...more

Delaware Enacts Volunteer Emergency Responders Job Protection Act

On September 6, 2013, Delaware Governor Jack Markell signed into law the Volunteer Emergency Responders Job Protection Act, DEL. CODE ANN. tit. 19, § 1901 et seq. (H.B. 21), a measure designed to ensure that volunteer...more

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

Sometimes a Taking is not a "Taking"

As an eminent domain lawyer, I sometimes feel about takings claims like Justice Potter Stewart felt about obscenity: I know it when I see it. But every so often, a case comes along that reminds us that we might need to dig...more

AODA’s Workplace Emergency Response Information Requirements Already In Force: Are You In Compliance?

Since January 1, 2012, Ontario employers have been obligated to provide “individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized...more

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