News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Employee Privacy Rights

Akerman LLP - HR Defense

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Troutman Pepper

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

Paul Hastings LLP on

As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...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

Latham & Watkins LLP

Employee Data Increasingly in the Crosshairs of Data Privacy Enforcement

Latham & Watkins LLP on

The California Attorney General’s investigative sweep is a potential harbinger of increased focus on employers’ data privacy compliance with respect to employee data. On July 14, 2023, the California Attorney General...more

Cozen O'Connor

AG Healey Settles With Aveanna Healthcare over 2019 Data Breach

Cozen O'Connor on

Massachusetts AG Maura Healey reached a settlement with Aveanna Healthcare, LLC to resolve allegations that the home healthcare company violated federal HIPAA regulations, the Massachusetts Data Security Regulations, and...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

Fisher Phillips

Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know

Fisher Phillips on

“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

CDF Labor Law LLP on

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Jackson Lewis P.C.

Lawmakers Seek Clarity On EEOC Regulations Concerning Incentives For COVID-19 Vaccinations

Jackson Lewis P.C. on

Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more

Jackson Lewis P.C.

CDC Expands Guidance On Informed Consent To Support Workplace SARS-CoV-2 Testing

Jackson Lewis P.C. on

As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more

Womble Bond Dickinson

California Lawmakers Pass Slate of Privacy Legislation

Womble Bond Dickinson on

The California legislature recently passed a series of privacy-related bills that await Governor Gavin Newsom’s signature. Governor Newsom has until September 30th to sign these bills into law. The legislature in Sacramento...more

Fisher Phillips

Flu Season And Possible COVID-19 Vaccine Will Shine A Spotlight On Workplace Vaccination Policies

Fisher Phillips on

As the flu season approaches and the COVID-19 pandemic continues, employers’ mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

Littler on

With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

Cohen & Gresser LLP

Protecting Employees From COVID-19 Without Violating Their Privacy Rights

Cohen & Gresser LLP on

A common response to widespread disease has always been to avoid contact with others until the disease runs its course. Many states adopted that approach to combat the COVID-19 outbreak by implementing stay-at-home orders,...more

Sheppard Mullin Richter & Hampton LLP

Up Close & Personal: Contact-Tracing Apps & Employee Privacy

Our proximity and “close contact” with other humans is on the front lines in the war against coronavirus. Yet tracking 6 feet of distance from every human we encounter for a 14 day period is nearly impossible without the...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

Payne & Fears on

As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Farella Braun + Martel LLP

Reopening Plans and Recommended Protocols Beg New Privacy Issues

While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously-closed “nonessential” businesses are returning to operations. With...more

Best Best & Krieger LLP

The Clash Between Emergency Powers and Individual Rights During COVID-19 Pandemic

Part 1 in a PublicCEO Series - The government’s broad powers to protect the public during declared emergencies are well-established, but this power is not unfettered. Emergency powers exist against a backdrop of individual...more

Spilman Thomas & Battle, PLLC

Mandatory COVID-19 Testing: Is Your Skilled Nursing Facility Prepared?

As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more

Hinshaw & Culbertson - Employment Law...

Additional FAQs Regarding Employer Compliance and COVID-19

On April 23, 2020, Hinshaw labor and employment attorneys Brette Bensinger, Maryjo Pirages Reynolds, and Leigh Bonsall presented a webinar titled "Employer compliance and COVID-19: Paid sick Leave, Furloughs and Layoffs."...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

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