Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine. [Here] As employers shift their focus toward the cost of COVID hospitalizations (which studies show are a much greater risk for unvaccinated individuals), employers
HIPAA
Changes to HIPAA Privacy Rules on the Horizon
Seyfarth Synopsis: The Department of Health and Human Services (HHS) has proposed changes to the required Privacy Notice under the HIPAA privacy regulations. If finalized, these would be the first significant changes to the HIPAA rules since the HITECH changes effective back in 2013.
The press release issued by HHS on December 10, 2020, states…
Upcoming Webinar! Employee Benefits in a Time of COVID-19
On Monday, March 23, at 1:00 p.m. Central, Seyfarth partners Diane Dygert, Benjamin Conley, Jennifer Kraft, Kaley Ventura, Jake Downing, and Christina Cerasale are presenting a 1 hour CLE webinar, “Employee Benefits in a Time of COVID-19.”
Keep up with the latest developments and rapidly changing laws and regulations relating to COVID-19 and your benefit…
Does My Health FSA Cover My Surgical Mask Bulk-Purchase? (and other pressing questions about the intersection of coronavirus, HIPAA and ERISA)
Seyfarth Synopsis: Because everything has a coronavirus angle now….this blog post covers various issues and considerations plan sponsors and administrators should keep in mind as the coronavirus outbreak continues to escalate.
While this list is by no means exclusive (and may be added to over time), here are a few steps plan sponsors can take…
Don’t Get Caught in the “Low-Hanging Fruit” HIPAA Harvest
Seyfarth Synopsis: The Director of HIPAA enforcement agency cautions that many covered entities are not meeting the basic HIPAA requirements and sees “low-hanging fruit” for enforcement activity.
The Director of the Office for Civil Rights at HHS, Roger Severino, recently gave an interview to Law360 about his office’s enforcement of the Health Insurance Portability…
The Intersection of Alleged HIPAA Violations and State Negligence Law
By: Mark Casciari and Joy Sellstrom
Seyfarth Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal statute providing for confidentiality of medical records under certain circumstances. It is administered…
The EEOC Tries To Ground HIPAA-Compliant Wellness Programs Through Litigation
By: Mark Casciari, Ben Conley and Kylie Byron
The EEOC has commenced two lawsuits since August against employers who have established wellness programs that appear to comply with HIPAA’s wellness rules (as expanded by the Affordable Care Act). The EEOC contends that the programs violate the Americans with Disabilities Act (ADA). The EEOC alleges…