In a case addressing the Family Medical Leave Act (FMLA) that directly implicates the privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), Pacosa v. Kaiser Foundation Health Plan of the Northwest, the Portland Division of the United States District Court of Oregon awarded summary judgment against a physician assistant who claimed he was discharged … Continue reading Where the FMLA and HIPAA Meet
A new law in New York (eff. April 1, 2011) and a flurry of bills across the country (New Jersey, Nevada, Florida, Connecticut and Oregon) are aimed at requiring businesses to deal with their electronic waste in one form or another. Before discarding that old laptop, businesses should make sure they do so securely and in accordance with applicable state law.
Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney's demand letter or a subpoena and apply to the individual's medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.
A NY court refuses to order a former employee to stop blogging about his former employer because the court could find no extraordinary circumstance that would overcome constitutional protections, despite the individual's signing an agreement during his employment to maintain the confidentiality of confidential business information.
While years of lax enforcement may have lulled many HIPAA covered entities and business associates to not take HIPAA seriously, recent activities by HHS, including the recently announced nationwide enforcement training program for State Attorneys General should spur renewed efforts toward compliance.
In the face of increasing unemployment, in March 2011, Florida, Michigan, and Montana joined the ranks of approximately fifteen other states that are considering bills limiting employers’ ability to use credit checks for employment purposes. Florida. Florida’s Senate Bill 1562, introduced on March 3, would prohibit employers from using an applicant’s personal credit history as … Continue reading Florida, Michigan, and Montana Follow National Trend and Consider Banning the Use of Applicant Credit History Background Checks in Hiring Decisions
In an effort to go "green" or "paperless," employers have been rapidly moving to electronic employment application and on-boarding systems. These systems can be significantly beneficial, but care should be taken when making the switch. This post provides some key questions/considerations for employers.
The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed its first civil monetary penalty since the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) became effective in April 2003. HHS issued a Notice of Final Determination finding that Cignet Health of Prince George’s County, … Continue reading HHS’ First Civil Penalty Under HIPAA is $4.3 Million
