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Joseph J. LazzarottiBlog Posts

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  • Employer Vaccine Surcharges—Yes, You Can!

    As employers consider implementing a vaccine mandate to encourage employees to get vaccinated against COVID-19, we have recently discussed the merits of imposing a “vaccine surcharge” on monthly health insurance premiums for those employees who remain unvaccinated.  There were unanswered questions about specific legal issues, but now the Department of Labor (DOL), Health and Human...
    October 5, 2021
  • OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace

    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 case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is... Continue Reading
    October 5, 2021
  • Health App Alert: FTC Expands Scope Health Breach Notification Rule

    The Federal Trade Commission (“FTC”) recently issued an important policy statement to health apps and other connected devices that collect or use consumers’ health information.  The FTC’s policy statement effectively clarified the position that health apps and related connected devices are subject to the Health Breach Notification Rule (“the Rule”), which requires vendors of personal...
    October 5, 2021
  • OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace

    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 case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is...
    September 30, 2021
  • OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace

    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 case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is... Continue Reading…
    September 30, 2021
  • Illinois Panel Issues Important Ruling on BIPA Statute of Limitations

    On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue.  Although...
    September 20, 2021
  • At Home COVID-19 Testing and the Path out of the Pandemic

    Testing for COVID-19 certainly has evolved over the past 18 months or so. As supply and allocation continue to face challenges, guidance on serological/antibody versus viral testing, testing in the workplace, informed consent, among other things have emerged to help guide coronavirus testing in the workplace. President Biden’s Path out of the Pandemic (the “Path”)... Continue Reading…
    September 13, 2021
  • At Home COVID-19 Testing and the Path out of the Pandemic

    Testing for COVID-19 certainly has evolved over the past 18 months or so. As supply and allocation continue to face challenges, guidance on serological/antibody versus viral testing, testing in the workplace, informed consent, among other things have emerged to help guide coronavirus testing in the workplace. President Biden’s Path out of the Pandemic (the “Path”)...
    September 13, 2021
  • Baltimore Officially Bans Private Use of Facial Recognition Technology

    Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became effective.  The new ordinance prohibits the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. Baltimore...
    September 9, 2021
  • FBI/CISA Alert: Increased Likelihood of Ransomware Attacks Over Labor Day Weekend

    Watch out! A spike in ransomware attacks may be headed our way over Labor Day weekend. Yesterday, the FBI jointly with the Cybersecurity and Infrastructure Security Agency (CISA) issued a warning to be on high alert for ransomware attacks this weekend, after recent targeted attacks over Mother’s Day, Memorial Day and Fourth of July weekends....
    September 3, 2021

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