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Access to Digital Health Applications and Digital Care Applications in Germany

The German federal cabinet recently approved the draft law on the digital modernization of healthcare and nursing care. The draft has been criticized for not taking into account lessons learned from the implementation of the 2019 digital health applications (DiGAs) law.

In this International News article, McDermott Will & Emery partner Dr. Stephan Rau and McDermott alumna Dr. Karolin Hiller provide insight into the planned German regulations on DiGAs and digital care applications (DiPAs).

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VIDEO: Transfers of Health Data from the European Union to the United States in a Post-Schrems II World

In this video, McDermott Will & Emery partner Amy C. Pimentel explains the significance of health data transfers from the European Union to the United States in a post-Schrems II world. The recent Schrems II ruling invalidated the EU-US Privacy Shield, holding that the US legal regime on access to personal data does not contain adequate limitations and safeguards. Pimentel and McDermott’s Romain Perray recently also wrote for McDermott’s International News about this topic.

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Recently Updated | COVID-19 FAQs for US Employers

How should US employers approach the Coronavirus? With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer will vary depending on the nature of the work, industries served, location(s), size, amongst other considerations. We recently updated these FAQs to provide you with the latest developments and best practices for your business.

Access the FAQ here.




The Families First Coronavirus Response Act: What You Need to Know – Updated on March 19, 2020

The Families First Coronavirus Response Act (H.R. 6201) was signed into law on March 18, 2020. This summary reflects these changes that includes:

  • requiring employers to provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act;
  • providing additional nutrition assistance to affected areas and populations through the US Department of Agriculture (USDA) and the US Department of Health and Human Services (HHS);
  • and requiring private health plans to cover diagnostic testing for COVID-19 at no cost to customers.

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DOJ’s Enforcement Activity Against Individuals: Acute Focus on Telemedicine

DOJ’s focus on individual accountability is particularly important with respect to telemedicine. Telemedicine is a burgeoning field, with a projected market increase of 18% annually over the next six years, reaching $103 billion in 2024. In light of this recent surge in profitability, DOJ has begun paying extra attention to telemedicine, with at least one recent HHS-OIG report asserting that more than one-third of all telemedicine claims are improper.

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Bipartisan Bill Paves the Way for Significant Retirement Plan Reforms

The House recently passed the most significant piece of proposed retirement plan legislation in more than a decade: the SECURE Act. Although the Senate must also approve the bill before it becomes law, its proposed changes have considerable bipartisan support in Congress. Plan sponsors should start considering how changes included in the SECURE Act could impact their retirement plans. Employers who do not currently offer retirement plans should also review the new retirement plan incentives included in the proposed legislation.

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IRS Announces 2020 Limits for Health Savings Accounts and High-Deductible Health Plans

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits for health savings accounts and high-deductible health plans for 2020. Nearly all of the dollar limits currently in effect for 2019 will change for 2020.

See a comparison of the applicable dollar limits for HSAs and HDHPs for 2019 and 2020.

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No Good Deed Goes Unpunished: Inferior Parental Leave Policies Can Result in Discrimination Claims

To recruit and retain top talent, employers often offer benefits more generous than required under the law. Such benefits include unlimited vacation, paid maternity leave and paid paternity leave. However, a recent US Equal Employment Opportunity Commission (EEOC) lawsuit filed against Estee Lauder Companies, Inc. (Estee Lauder) reveals how even the most well-intentioned of programs can result in a discrimination lawsuit.

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