News & Analysis as of

Hiring & Firing › Retaliation › Health Insurance Portability and Accountability Act (HIPAA)

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

Genova Burns LLC on

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Health Care Compliance Association (HCCA) on

Report on Medicare Compliance 29, no. 18 (May 11, 2020) -  The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 5. Privacy Briefs: May 2020

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no 5. (May 2020) -  Ambry Genetics, based in Aliso Viejo, California, has reported a data breach involving nearly 233,000 people. In its statement, the company said it identified “unauthorized...more

Seyfarth Shaw LLP

ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

Proskauer - Whistleblower Defense on

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Balch & Bingham LLP

ACA Retaliation: A Ca$e in Point

Balch & Bingham LLP on

Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

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