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HIPAA Data Management Requirements for Electronic Protected Health Information

While all companies must take measures to safeguard the privacy and integrity of their electronic data, covered entities and their business associates subject to the Health Insurance Portability and Accountability Act of...more

Texas and Oregon Data Privacy Laws: Applicability Concerns and Enforcement

Two state privacy laws that pose unique applicability concerns went into effect July 1, 2024: the Oregon Consumer Privacy Act (the “OCPA”) and the Texas Data Privacy and Security Act (the “TDPSA”). Generally following the...more

UPDATE – Form 5330 E-Filing Requirement Headache Relieved for 2024

In a blog post dated May 10, 2024, we discussed the Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes with respect to employee benefit plans, must be filed electronically for...more

CISA’s Proposed Cyber Incident Reporting Rules Under CIRCIA

On April 4, 2024, the United States Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) released for public comment its long-awaited proposed rules to implement the Cyber Incident...more

Form 5330 E-Filing Requirement Headache

The Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes, must be filed electronically for taxable years ending on or after December 31, 2023. As described below, this may create...more

Amendments to HIPAA Privacy Rule to Support Reproductive Health Care Privacy

On April 22, 2024, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued a Final Rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to...more

Texas Joins the State Privacy Law Landscape on July 1, 2024: The Texas Data Privacy and Security Act

Effective July 1, 2024, Texas will join California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Utah and Virginia, with a new, general consumer privacy statute the Texas Data...more

HHS Strengthens Privacy Protections for Substance Use Disorder Treatments in Amendments to ‎Part 2 Regulations

The U.S. Department of Health and Human Services (“HHS”) in coordination with the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule on February 16, 2024 (effective April 16, 2024) to...more

Two-Year Transition Relief Announced for Roth Catch-Up Contributions

On August 25, 2023, the IRS provided long-awaited guidance related to the SECURE 2.0 requirement that catch-up contributions for high-income participants in 401(k), 403(b), and governmental 457(b) plans be made as Roth...more

Washington State My Health, My Data ‎Act

Washington state recently enacted the My Health, My Data Act (House Bill 1155) (the “MHMD Act”), which aggressively requires all entities that collect, share, or sell consumer health data in Washington to comply with very...more

Texas Data Privacy and Security Act

After passing the Texas Senate on May 10, 2023, the Texas Data Privacy and Security Act (the “TDPSA”) was reconciled by the conference committee between the Texas Senate and House and awaits final approval from Governor Greg...more

Get Ready to Attest: The Departments ‎Release “Further ‎‎Guidance” on Gag Clause Prohibitions

On February 23, 2023, the Departments of Labor, Health and Human Services, and Treasury(collectively the “Departments”) released guidance to initiate the enforcement provisions related to the “gag clause” prohibitions...more

Short Extension of Clawback Policy Deadline Suggests Listed Companies Will Need to Adopt Policies by early August

On April 24, 2023, the SEC extended, for a short time, the deadline for the effectiveness of stock exchange listing requirements under the Dodd Frank Act that will require listed companies to adopt clawback policies for...more

Updating Clawback Policies

The public comment period for the new NYSE and Nasdaq listing standards requiring public companies to have expanded clawback policies ended on April 3, 2023. The new standards will require listed companies to have clawback...more

HHS Publishes Proposed Rule on ‎Confidentiality of Substance Use Disorder Records

The Department of Health and Human Services (HHS) on December 2, 2022 proposed a substantial revision of the regulations governing the confidentiality of Substance Use Disorder records. These changes could mean less...more

CFPB’s Data Access Rulemaking ‎Process: A Heads-Up to Covered Data Providers

On October 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) began the process needed to implement a much anticipated rule regarding section 1033 of the Dodd-Frank Act by releasing an outline providing initial...more

Office of Civil Rights Guidance on Recognized Security Practices Under the 2021 HITECH ‎Act Amendment

Last year, Congress enacted an amendment to the HITECH Act in January 2021 (“HITECH Amendment”) to require that the Department of Health and Human Services (“HHS”) consider whether a covered entity or business associate has...more

IRS Expands Determination Letter Program to Include Individually-Designed 403(b) Plans

In Revenue Procedure 2022-40, the IRS recently expanded the determination letter program to allow applications by individually-designed 403(b) plans. This expansion will allow 403(b) plan sponsors to request a determination...more

SEC Adopts Final Clawback Rules

The SEC adopted long-awaited final rules that require the recovery of erroneously awarded incentive-based compensation of executive officers, as required by the Dodd-Frank Act. Under Rule 10D-1, each exchange must adopt...more

Compliance Considerations for Medical ‎Travel Reimbursement

Employers may consider offering medical travel and lodging ‎reimbursement to enable employees who live in a state where abortion is no longer legal to ‎travel out of state for such services. There are a number of ways to...more

Developments in Energy Pipeline ‎Security: TSA Directives, and Recommendations for Owners ‎‎and Operators

In the wake of the disruptive ransomware attack on the Colonial Pipeline in early May 2021, the U.S. Transportation Security Administration (“TSA”) issued two security directives to the pipeline industry. The first, Security...more

US Dept. of Labor Announces Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Record-Keepers and Plan Participants

The U.S. Department of Labor (“DOL”) recently issued guidance on best practices for maintaining cybersecurity directed to plan sponsors, fiduciaries, record-keepers and participants of employee benefit plans governed by the...more

Fraudulent Unemployment Claims? Steps to Take to Resolve

More than six million unemployment claims have been filed in Texas since the start of the COVID-19 pandemic. Unfortunately, the significant number of claims has also created an opportunity for fraudsters to try to sneak under...more

DOL, HHS, and Treasury Jointly Issue FAQs on the CAA’s Mental Health and Substance Use Disorder Parity Provisions

On April 2, 2021, the Departments of Labor, Health and Human Services, and Treasury (the “Departments”) issued Frequently Asked Questions (“FAQs”) related to the implementation of the mental health and substance use disorder...more

New ERISA Case Results in Another Assignment for Today – Ensure your Group Health Plan’s Claims Administrator is Raising...

Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document...more

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