News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Americans with Disabilities Act (ADA)

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

BCLP

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

BCLP on

Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic...more

Jackson Lewis P.C.

Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate

Jackson Lewis P.C. on

Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges. Deluge of...more

Bass, Berry & Sims PLC

2023 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

ERISA requires plan sponsors to distribute SPDs to inform participants of their benefits, rights, and obligations under the plan and describe how the plan operates. Department of Labor (DOL) regulations (available here)...more

Jackson Lewis P.C.

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws…(Updated)

Jackson Lewis P.C. on

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, donors, and the general public. They project an organization’s image and promote goodwill, provide...more

Sullivan & Worcester

Winter 2023 Employment and Benefits Updates

Sullivan & Worcester on

SECURE 2.0 Act - As part of a large year-end piece of legislation, the provisions known as SECURE 2.0 Act of 2022 (“SECURE 2.0”) were enacted into law. SECURE 2.0 represents a broadly bipartisan piece of legislation that...more

Constangy, Brooks, Smith & Prophete, LLP

Is faxing a reasonable accommodation?

Remember faxes? I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more

Cozen O'Connor

Employment Law Now VI-121 - Top 5 Fall Things You Need To Know

Cozen O'Connor on

Today's new episode looks at the five developments you need to know now, including the new proposed independent contractor rule, the EEOC's new required poster, NLRB efforts to monitor your monitoring, salary transparency...more

Bass, Berry & Sims PLC

2022 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

We recognize that many companies sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

Rumberger | Kirk

COVID-19 Litigation: What Hotels Have Learned and How to Mitigate Future Exposure

Rumberger | Kirk on

With travelers returning to hotel destinations across the world, threats of COVID-19 contamination continue to expose the hospitality industry to various legal risks. With more than 2,000 COVID-related cases currently on file...more

Constangy, Brooks, Smith & Prophete, LLP

Yes, Virginia, COVID-19 Can Be A Disability

From my blog inbox . . . "DEAR ROBIN: I am 8 years old. "Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act. "Papa says, 'If you see it in EMPLOYMENT AND LABOR...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Holland & Hart - Employers' Lawyers

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

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

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

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Foley Hoag LLP

HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace

Foley Hoag LLP on

On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR)issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996...more

Jackson Lewis P.C.

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

Jackson Lewis P.C. on

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...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

Bradley Arant Boult Cummings LLP

Alexa, Are You Allowed to Be Here? Considerations for Drafting Virtual Assistant Policies for Long Term Care Facilities

Virtual assistants such as Amazon’s Alexa, Facebook’s Portal, Google’s Nest Hub, and countless others continue growing in popularity as families navigate safely remaining connected with their loved ones receiving long-term...more

Laner Muchin, Ltd.

What Employers Need to Consider When Implementing Vaccine Incentives or Surcharges Through a Wellness Program

Laner Muchin, Ltd. on

When the vaccines became widely available this past spring, employers contemplated offering incentives such as cash payments, extra paid time off and discounts on health insurance premiums to entice employees to get...more

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