Privacy and Data Security

The Office of the National Coordinator for Health Information Technology recently released a report detailing user experience research on patient access to health data. The Report sought to examine the experiences of individuals and processes of health systems, with commentary from medical record fulfillment administrators, to determine how the medical record request process can be improved for consumers.

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Jennifer Geetter and Lisa Schmitz Mazur wrote this bylined article on the regulatory implications of technology-supported devices, resources, and solutions that facilitate health patient-provider interaction. “Health industry regulators are struggling with how to apply the existing privacy regulatory regime, and the permitted uses and disclosures for which they provide, in this new world of healthcare innovation,” the authors wrote.

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Jennifer Geetter and Dale Van Demark wrote this bylined article on how companies must manage and govern their use of digital healthcare information assets. “Organizations will need to design and implement digital governance structures that … include additional components and organizational stakeholders, in order to meet the business and strategic demands of the digital health revolution,” the authors wrote.

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Amanda Enyeart and Lisa Schmitz Mazur wrote this bylined article explaining how the HHS Office of Inspector General used a survey by the Electronic Health Records (EHR) Incentive Program run by Centers for Medicare and Medicaid Services (CMS) to conclude that CMS made $729 million in inappropriate EHR incentive payments to physicians out of some $6 billion in such payments during the review period.

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As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been actively monitoring Texas’ approach to telemedicine regulation and the related Teladoc case. Senate Bill 1107, a bill that significantly eases the delivery of care via telemedicine in the state of Texas, was passed on May 18 and signed into law by Governor Abbott on May 30.

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McDermott will be holding its annual Employee Benefits Innovators Roundtable Series this month. The roundtables offer experienced benefits professionals an opportunity to discuss cutting-edge, topical employer-driven benefit programs with their peers and members of McDermott’s employee benefits team. We are meeting in four locations this year. Join us in one of the following cities:

May 9 | Silicon Valley, California

May 11 | Los Angeles, California

May 22 | Chicago, Illinois

May 24 | New York, New York

The topics for our roundtable series sessions will include:

  • The Future of Employee Benefits Under the Trump Administration
  • Should Your Plan Cover All Drugs? (FDA-Approved/Unapproved, Off-Label, Marijuana, etc.)
  • ERISA Retirement Plan Fee Litigation – Learning From Recent Class Actions
  • Paying Off Student Loans as an Employee Benefit
  • Equal Privacy and Cybersecurity – Now Part of Your Plan’s Independent Audit
  • Human Rights Campaign (HRC) Equality Index – Opposite-Sex Domestic Partner Benefit

 

For more information about how to register for one of our roundtables, please contact Erin Nelson.

Current indications are that 2017 may be a fairly static year as regards to employment law.

Whilst it is anticipated the government will trigger Article 50 to start Brexit negotiations, these are likely to last for at least two years, and existing employment laws are unlikely to feel any ripple effect from leaving the European Union for some time.

In the meantime, the Prime Minister has asked for a review, expected to take around six months, on whether current employment laws are adequate to protect the rights of the growing numbers of atypical workers. It is unlikely though that any resulting changes will come into effect in 2017.

There are, however, a number of key developments that employers will definitely need to get to grips with, or at least prepare for, in 2017.

Read the full article here.

*Cindy LaMontagne (Trainee) contributed to this article.

The US Department of Health and Human Services has recently issued guidance under the Health Insurance Portability and Accountability Act on what covered entities and business associates can do to prevent and recover from ransomware attacks; however, other state data breach notification laws can also be triggered by a ransomware attack. The authors of this article explain the guidance and what to do if you are subject to a ransomware attack.

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Large fines have recently been imposed against public companies due to using confidentiality provisions that violate whistleblower provisions under federal securities law. Many standard confidentiality clauses in employment agreements, severance agreements, release agreements, non-compete agreements and other employment related agreements will violate these whistleblower provisions. Recently, the Office of Compliance Inspections and Examinations at the US Securities and Exchange Commission announced that it is actively reviewing these agreements to determine if there are possible securities law violations.

This webinar will address the whistleblower provisions relevant to employment related agreements, the recent SEC enforcement actions, the compliance issues raised by typical confidentiality clauses and actions for employers to consider for existing and future employment related agreements.

On-demand presentation link available here.

MP4 downloadable link available here.