US Supreme Court Building
12 July 2022

Group Health Plan (and Related Benefit) Conside...

In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overruled its previous decisions in both Roe and Casey and determined that the United States Constitution’s privacy clause does not guarantee a right to an abortion prior to the date of viability.  Instead, the regulation of abortion will be left to the states.  […]

Section 1031 Exchanges
19 March 2020

Emerging Employee Benefit Issues during the C-1...

In response to the C-19 pandemic, we are seeing an increasing number of employee benefit questions.  Many of those questions center on employees’ eligibility under employer-sponsored health and welfare benefit plans during furloughs, and ways that employers can provide financial assistance to employees using employee benefit programs. Because of these questions, we will be touching […]

Typing at a laptop
02 November 2017

$2.5 Million is an Expensive Laptop!

In April 2017, the U.S. Department of Health and Human Services (“HHS”) announced yet another HIPAA settlement agreement with a health care provider relating to a stolen mobile device containing Protected Health Information (“PHI”).  As part of this settlement agreement, CardioNet agreed to pay $2.5 million and implement a corrective action plan resulting from the […]

Flooded Houses
07 September 2017

Dealing with PHI after Hurricane Harvey (and Ot...

The Department of Health and Human Services (“HHS”) recently issued relief and other helpful guidance about dealing with Protected Health Information (“PHI”) in the wake of disasters like Hurricane Harvey.  You can review this guidance here. Waiver of Certain Provisions under the Privacy Rule It is important to remember that HIPAA’s Privacy Rule continues to […]

Cybersecurity
13 July 2017

Failure to Enter a HIPAA Business Associate Agr...

For those of you who follow this blog, one thing will become evident over time: one of my co-authors, Tim Gutwald, and I frequently blog about HIPAA-related privacy issues.  That’s because both of our practices include a fair amount of HIPAA work.  And, one tends to write about what they are passionate about (to the […]