News & Analysis as of

Health Insurance Portability and Accountability Act Notice Requirements

The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the... more +
The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the manner in which healthcare professionals gather, use, and maintain health information.  less -

The HIPAA “Wall of Shame” is Now Easier to Navigate

Last week, the HHS Office for Civil Rights (OCR) launched an improved version of their HIPAA Breach Reporting Tool (HBRT), commonly referred to by OCR and regulated entities alike as the HIPAA “Wall of Shame.” OCR has also...more

Washington becomes the third state with a biometric privacy law: five key differences

by DLA Piper on

The State of Washington has become the third state (after Illinois and Texas) to enact a law regulating biometric information (HB 1493). The new law, enacted in mid-May, goes into effect on July 23, 2017....more

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

by Foley & Lardner LLP on

Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more

Time is Money: HIPAA Enforcement Action for Untimely Breach Notice Settles for $475,000

by Snell & Wilmer on

Many New Year’s Resolutions focus on actions intended to save money and reduce stress. Organizations, especially those in the health care industry, should consider a resolution to review their breach notification procedures...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

by Wilson Elser on

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

EEOC, DOL, HHS and IRS Weigh-In on Employer-Sponsored Wellness Programs – Is Your Program Compliant?

by Dechert LLP on

Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless...more

Employer Wellness Programs: ADA, ACA, and HIPAA Compliance

by Zelle LLP on

Employer wellness programs are a subject of much interest to employers and receive considerable scrutiny from the EEOC and Department of Labor. Employers want to lower their health care costs by improving the health of...more

New Notice Requirements For Employer Wellness Programs

by Akerman LLP - HR Defense on

Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness...more

EEOC Offers Guidance On Employee Wellness Program Notices Required Under New Rules

by Benesch on

On the heels of at least two discrimination lawsuits over employer wellness programs, the Equal Employment Opportunity Commission (EEOC) issued two new rules on May 17, 2016 under the Americans with Disabilities Act (ADA) and...more

EEOC Model Wellness Program Notice

by McDermott Will & Emery on

On June 16, 2016, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to...more

Practical Steps for Employers Responding to the EEOC’s Final Rules on Employee Wellness Programs

by Latham & Watkins LLP on

An employer may offer financial incentives to its employees for participating in employee wellness programs that receive health-related information, subject to certain limits. On May 16, 2016, the U.S. Equal Employment...more

An Employer's Compliance Checklist to the EEOC's Final Wellness Program Regulations

by Nexsen Pruet, PLLC on

Employers implementing wellness programs have a number of laws to navigate: the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA); the Americans with Disabilities Act (ADA); and the Genetic...more

EEOC on Workplace Wellness Programs: Final Rules Announced

by PretiFlaherty on

Earlier this month, the Equal Employment Opportunity Commission issued its final rules on employer wellness programs. The final rules, which go into effect in January 2017, provide guidance on how workplace wellness programs...more

Well Then…The EEOC’s Last Word on Wellness Programs

by Miles & Stockbridge P.C. on

On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to...more

New EEOC Rules for Wellness Programs: A 30 Percent Incentive = Voluntary

by Foley & Lardner LLP on

For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit...more

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe...

by Miller Canfield on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more

EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans...more

More Data Vulnerabilities, Cyber Breaches Detected in Healthcare Exchanges

by Reed Smith on

Government audits continue to reveal that millions of people’s personally identifiable information is at risk. Continuous audit reports by the Office of the Inspector General (OIG) of The Department of Health and Human...more

EEOC Grapples with Proposed Rule Comments on Wellness Program; Additional Guidance Expected Soon

As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

Responding to Subpoenas and Other Requests for Personal Health Information: Take Them at Face Value

by Dickinson Wright on

Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from a variety of sources on a daily basis. Such requests can range from informal requests made during the course...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

by Thompson Coburn LLP on

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

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

by Dechert LLP on

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

Kentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show...

by Wilson Elser on

The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI...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

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Cybersecurity

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