We’ve written extensively here on the importance of safeguarding personal information. We’ve also made clear that the safeguarding of data should not stop with individually identifiable personal information. In fact, many times a company’s most sensitive information, data critical to the survival of its business, is its corporate trade secrets, proprietary information, and its clients’ … Continue reading Protecting Confidential Business Information
As reported by the American Bar Association and PHIprivacy.net, lawyers, accountants, health care providers and others soon may get some clarity as to whether the "red flag" rules apply to them. The United States Senate voted unanimously to pass the Red Flag Program Clarification Act of 2010. Under the Act, according to statements from Sen. Christoper … Continue reading Senate votes on Red Flag Program Clarification Act of 2010
In the name of vehicle safety, California Assembly Bill 1942 will permit among other things “driver cams” to be mounted on vehicle windshields beginning on January 1, 2011. Formally known as “video event recorders,” these devices can continuously record audio, video, and G-force levels in a digital loop in order to help identify bad driver … Continue reading California allows “driver cams” starting in 2011
The Patient Protection and Affordable Care Act (Affordable Care Act), requires the Secretary of Health and Human Services (HHS) to impose restrictions on the imposition of annual limits on the dollar value of essential health benefits in a new or existing group health plan for plan years beginning on or after September 23, 2010 and prior to January 1, 2014. Interim final regulations published on June 28, 2010, established these restricted annual limits, along with the possibility for a waiver from these restricted annual limits as granted by HHS if complying with the interim final regulations would result in a significant decrease in access to benefits or a significant increase in premiums.
What had been the first use of the enforcement authority under the HIPAA privacy regulations granted to a State Attorney General, has ended in a settlement agreement between Connecticut’s Insurance Department and Health Net of Connecticut. Under the agreement, Health Net will pay $375,000 in penalties, and it agreed to provide credit monitoring protection for 2 years to all affected persons in Connecticut and … Continue reading Connecticut Insurance Department Settles Health Net Data Breach
The folks at Identity Theft 911 remind us of the need to be "smart" about handling smartphones. In a recent post, the company warns that the wealth of data on these devices can substantially expose an individual if his or her device(s) are not purged upon disposal. The same is true, of course, for employers with respect to the phones and other … Continue reading What to do with old phones, particularly smartphones?
In March 2010, we reported on a decision by the U.S. District Court for the District of New Jersey that allowed an employee’s retaliation claim to proceed to trial under the New Jersey Conscientious Employee Protection Act (“CEPA”) on the ground that he was engaged in protected whistle blowing activity – voicing concerns regarding his employer’s handling … Continue reading Employees Protected from Retaliation When Raising Concerns about HIPAA and Data Security