LexisNexis® Legal Newsroom
California Department of Industrial Relations Regulations: Update and Comments

The development and implementation of regulations is a complex and time consuming process. However they are just as important as the laws when it comes to making the system work well and reducing unnecessary expenses. I recommend that you as an individual or your organization (or its system representatives...

Medical Records Privacy Under HIPAA

Issued by the U.S. Department of Health and Human Services pursuant to The Health Insurance Portability and Accountability Act , the HIPPA regulations directly impact every American business that maintains health records, including hospitals, nursing homes, insurance companies, HMOs, medical and dental...

Web Archiving: The Next Phase In The Evolution Of Archiving

(This is an excerpt of an Osterman Research Inc. White Paper sponsored by Reed Tech Web Archiving Services and LexisNexis. Please click here to download the entire White Paper .) Executive Summary OVERVIEW The web has become the primary communication and commerce channel for businesses and government...

2011 Alphabet Soup: MSA, CMS, WCMSA, MSPRC, COBC, C&R, RRE, ORM, TPOC, EIEIO - The Latest in Medicare, Social Security and Your Large C&R in California

By Robert G. Rassp, Esq. Yes, so, the last one is a joke – Old MacDonald had a farm… We have recently traveled all over the country talking about and listening to the effect CMS has had on all of the stakeholders in the entire workers’ compensation community and not just in California...

Video: Neiditz On HIPAA HITECH And Breach Notification

Jon Neiditz , an attorney with Nelson Mullins Riley & Scarborough , explained how the breach notification rules under the Health Insurance Portability and Accountability Act (HIPAA) differ greatly the state breach notification rules during the NetDiligence® 2nd Annual Cyber Risk & Privacy...

No ERISA Preemption for Unfair Insurance Practices in Montana

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §...

Williams Mullen: Health Insurer’s Costly Privacy Breach Provides Guidance For Managing HIPAA Risks Associated With Electronically Stored PHI

B y Brian C. Vick In the first enforcement action resulting from a reported privacy breach under the HITECH Act, Blue Cross and Blue Shield of Tennessee ("BCBST") recently entered a $1.5 million settlement with the U.S. Department of Health & Human Services following the theft of 57...

Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI

By Brian C. Vick On April 17, 2012, the U.S. Department of Health and Human Service ("HHS") announced that it had entered a Resolution Agreement with Phoenix Cardiac Surgery ("Phoenix") - a four-physician practice based in Arizona - following an investigation of alleged breaches...

Williams Mullen: Recent HHS Settlement with Phoenix Cardiac Surgery Highlights HIPAA Risks Of Electronic PHI

By Brian C. Vick On April 17, 2012, the U.S. Department of Health and Human Service ("HHS") announced that it had entered a Resolution Agreement with Phoenix Cardiac Surgery ("Phoenix") - a four-physician practice based in Arizona - following an investigation of alleged breaches...

$1.7 Million HIPAA Settlement Reinforces Importance of Effective Information Governance of Electronic PHI

By Brian C. Vick In the first HIPAA enforcement action brought against a state agency, the United States Department of Health and Human Service ("HHS") announced on June 26, 2012 that it had entered a Resolution Agreement with Alaska's Medicaid program ("Alaska"). Under the...

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers’ Compensation Expenses

By John Stahl, Esq. The article “Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives” in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes-based wellness programs (wellness programs) reduce...

The Case for Clear Guidelines for Nurse Case Managers

By Steven M. Birnbaum, Law Offices of Steven Birnbaum, San Rafael, California The cost of medical care has risen throughout our society and calls for cost control are no louder than in workers' compensation cases and Longshore cases are included in that. Thus, the insurance industry has tried a...

Does HIPAA Apply to Employers?

by Ruth T. Griggs The Health Insurance Portability and Accountability Act, better known as HIPAA, protects the privacy and security of patient health information . A common question from human resource managers has been what is the impact of HIPAA on an employer’s ability to collect employee...

William A. Ruskin: N.Y. High Court Opts Not To Expand Liability For Health Data Confidentiality Breach

By William A. Ruskin The New York Court of Appeals ruling that came down Jan. 9 in Doe v. Guthrie Clinic , 2014 NY Slip Op 00138 (Court of Appeals 1/9/14) [ enhanced opinion available to lexis.com subscribers ], should prove helpful in evaluating the liability of medical corporations in cases involving...

William A. Ruskin: Best Practices For Avoiding Data Breach Liability

By William A. Ruskin Articles concerning cyber-security and data breach typically fall into two general categories: those discussing how to prevent a data breach from occurring and those discussing how to respond when one occurs. As I discussed in my earlier blog post , smart players in the healthcare...

Barnes & Thornburg LLP: Another Round Of HIPAA Audits

By Stacy Cook The Office for Civil Rights (OCR) recently announced that it will be sending surveys to approximately 1,200 organizations in preparation for conducting HIPAA audits. The HIPAA audits are mandated by the HITECH Act. According to the OCR, the surveys will be sent to about 800 covered...

DLA Piper: Don’t Forget the Sept. 23 Deadline to Ensure Your Business Associate Agreements Comply with the HIPAA Omnibus Final Rule

By Marcia L. Augsburger Under the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule published January 25, 2013, 78 Fed.Reg. 5566, Covered Entities (CEs) with Business Associate Agreements (BAAs) that were entered on or before January 25, 2013 and that were not modified...

Final Score: HIPAA 1 - Retaliation 0

See how a federal appellate court shut out a plaintiff's claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. What I did there, you see that? In New Jersey,...

DLA Piper Health Systems Alert: BYOD: Cool But Dangerous – 3 HIPAA Security Rule Challenges, 7 Key Precautions

By Peter F. McLaughlin From reliable surveys and less dependable anecdotes, opinions point to the almost inevitable expansion of BYOD – bring your own device – as a cost-saving model for employers. Advisors assure company decision makers that direct savings will flow by avoiding the...

NLRB Judge Strikes Down Termination Based on HIPAA Violation

HIPAA. Five letters that strike fear into the heart of anyone that handles employee medical information. That is, anyone except an NLRB judge passing judgment on whether an employer was justified in firing a union-supporting employee for clear HIPAA violations. In Rocky Mountain Eye Center [pdf] ...

Barnes & Thornburg LLP: HIPAA Settlement – Improper Storage Of EPHI

By Stacy L. Cook On July 10, 2015, the Office for Civil Rights (OCR) announced a HIPAA settlement with St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital in Brighton, Massachusetts. SEMC has agreed to pay $218,400 and adopt a robust corrective action plan. The settlement is the...

Peter S. Vogel: HIPAA Violation From Cyberattack That Exposes 4.5 Million Patients At UCLA Health?

By Peter S. Vogel In July 2011 UCLA Health settled HIPAA violation, paid a fine of $865,000 , and “committed to a corrective action plan aimed at remedying gaps in its compliance with the rules,” but they were not prepared for a 2014 cyberattack because of July 17, 2015 UCLA issued a press...

Warner Chilcott Pleads Guilty, Pays $125M In Criminal, Civil Fines For Fraud

BOSTON — (Mealey’s) Pharmaceutical company Warner Chilcott on Oct. 23 pleaded guilty to health care fraud, and its former president was arrested for conspiracy to pay kickbacks to physicians, the U.S. Attorney for the District of Massachusetts announced Oct. 29 ( United States of America...

Barnes & Thornburg: Another State (N.Y.) Enforces HIPAA –Settles Case With Health Center

By Stacy L. Cook The New York attorney general recently entered into a settlement agreement with the University of Rochester Medical Center (URMC) for HIPAA violations. The enforcement action by New York comes on the heels of a HIPAA enforcement action by the Connecticut attorney general in early...