News & Analysis as of

Employer Mandates › Health Insurance Portability and Accountability Act (HIPAA)

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
Jackson Lewis P.C.

Class Action Trends Report Fall 2022

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Roetzel & Andress

2022 Resolutions: What Healthcare Practices Need To Tackle In the New Year

Roetzel & Andress on

Host Ericka Adler, Roetzel Shareholder and Health Law Practice Group leader, is joined by fellow Roetzel Attorneys Christina Kuta and David Hochman, Shareholder, to provide guidance on resolutions healthcare practices should...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Sullivan & Worcester

Year-End Limit, Vaccine and Credit Updates

Sullivan & Worcester on

The Federal Vaccine Mandate - Preparing for OSHA's COVID-19 Requirements - The Occupational Safety and Health Administration ("OSHA") has released an Emergency Temporary Standard ("ETS") regarding COVID-19-related compliance...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer-Provided COVID-19 Testing: An Employee Benefits Q&A

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Although the fate of the Occupational Safety and Health Administration’s (OSHA) rules remains in limbo, many employers are moving ahead with efforts to comply with the OSHA emergency temporary standard (ETS) that requires...more

Burr & Forman

Labor & Employment E-Note - November 2021

Burr & Forman on

Resources - Safer Federal Workforce Task Force Updates Guidance for Federal Contractors - On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more

Burr & Forman

Health Care E-Note - November 2021

Burr & Forman on

Helpful hints - OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”)  - On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more

Holland & Hart - Employers' Lawyers

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

Holland & Hart - Employers' Lawyers on

Question: We aren’t sure we want to permit someone who isn’t vaccinated to work closely with us and are particularly concerned because the unvaccinated employee is sitting next to an enclosed area with a fully vaccinated...more

McDermott Will & Emery

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

McDermott Will & Emery on

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more

Verrill

Myth Buster: Employers, Vaccine Information, and HIPAA

Verrill on

With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this...more

Groom Law Group, Chartered

New Tri-Agency Guidance on COVID-19 Vaccine-Related Premium Surcharges/Discounts

Groom Law Group, Chartered on

With rising rates of COVID-19 cases in the past few months, employers have been increasingly interested in exploring incentives designed to increase COVID-19 vaccination rates among employees. One idea that has been gaining...more

Jackson Lewis P.C.

Employer Vaccine Surcharges—Yes, You Can!

Jackson Lewis P.C. on

As employers consider implementing a vaccine mandate to encourage employees to get vaccinated against COVID-19, we have recently discussed the merits of imposing a “vaccine surcharge” on monthly health insurance premiums for...more

Quarles & Brady LLP

How Does HIPAA Prevent Using and Disclosing COVID-19 Vaccination Information? HHS OCR Issues Guidance

Quarles & Brady LLP on

Does HIPAA prevent businesses from asking whether customers or clients are vaccinated? (No). Does HIPAA prevent an employer from requiring an employee to disclose vaccination status? (No). Does HIPAA prohibit doctors from...more

Holland & Hart LLP

Employee Vaccine Information: Privacy Concerns

Holland & Hart LLP on

Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...more

Foley & Lardner LLP

Vaccine Tracking Your Employees – It’s Past Time

Foley & Lardner LLP on

With about half of the U.S. working age, vaccine-eligible population now vaccinated, employers want to know which of their employees got the shot. Many employers are under the impression that mandatory vaccine reporting and...more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

Sheppard Mullin Richter & Hampton LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

Verrill

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Verrill on

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)...more

Bracewell LLP

Employer Considerations in Light of Updated CDC Recommendations for Fully Vaccinated People

Bracewell LLP on

On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more

Amundsen Davis LLC

Can I Ask My Employees If They Have Been Vaccinated?

Amundsen Davis LLC on

The short answer is: Be careful what you wish for! During this COVID-19 pandemic, vaccinations have been at the front of everyone’s mind. Now, with the mass rollout of vaccinations across the country, employers’ main...more

McDermott Will & Emery

Return to Work Virtual Toolkit for Employers - The COVID-19 Vaccine: What Can Employers Require?

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

Holland & Hart - Employers' Lawyers

May Employers Mandate COVID-19 Vaccines?

Holland & Hart - Employers' Lawyers on

Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their...more

MoFo Employment Law Commentary (ELC)

Virginia Becomes The First State To Adopt COVID-19 Workplace Safety Mandates

MoFo Employment Law Commentary (ELC) on

On July 15, 2020, the Virginia Department of Labor and Industry (DOLI) Safety and Health Codes Board voted 9-2 to approve the nation’s first emergency workplace regulation related to COVID-19. The new regulation was issued in...more

White and Williams LLP

Employers: New York’s SHIELD Act Imposes Data Security Requirements on Companies Outside of New York, Too

White and Williams LLP on

New York’s recently enacted Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) enhances data breach notification requirements and requires covered organizations to “develop, implement and maintain” a...more

Proskauer - Employee Benefits & Executive...

District Court Declares Entire Affordable Care Act Unconstitutional – What It Means for Employers and Plan Sponsors

Proskauer - Employee Benefits & Executive... on

In a surprising turn of events, on Friday, December 14th, a district court judge in the Northern District of Texas declared that the Affordable Care Act’s (“ACA”) individual mandate is unconstitutional and that, a result, the...more

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