June 21, 2019

Federal Court Issues Injunction on Contraceptive Mandate Enforcement

On June 5, 2019, the United States District Court for the Northern District of Texas issued a permanent injunction against the federal government from enforcing the Affordable Care Act’s (“ACA”’s) contraceptive mandate and accompanying accommodation process against any members of the two classes certified in Judge Reed O’Connor’s decision. The two classes in this order… Continue Reading

June 13, 2019

HHS proposes revision of its ACA Section 1557 rule, projects $3.6 billion in savings over next five years

On May 24, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a proposed rule to revise its 2016 rule regarding certain forms of discrimination under Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits discrimination on the basis of race, color, national original, sex, age, or… Continue Reading

June 10, 2019

Who, What, and Now What? Business Associate HIPAA Obligations

It’s likely you’ve seen post after post discussing the Office for Civil Right’s (“OCR”) recent guidance for Business Associates (“BA”) listing scenarios when BA may be directly liable for breaches of electronic Protected Health Information (“ePHI”). This is not one of those posts; instead, let’s discuss actions BA may take as a result of this… Continue Reading

June 5, 2019

House Passes the SECURE Act Which Moves to Senate, Would Affect 401(k) Plans in Big Ways

On Thursday, May 23, 2019, the U.S. House of Representatives passed, by a huge 417 to 3 margin, the Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”). Although the current climate in Washington is unpredictable at best and because the SECURE Act enjoys wide bipartisan support, pundits forecast that the proposal stands… Continue Reading

May 31, 2019

$3 million settlement, HIPAA breach affects 300,000 individuals’ PHI

On May 6, 2019, the U.S. Department of Health and Human Services (“HHS”) announced a $3 million settlement with Touchstone Medical Imaging (“Touchstone”) for potential violations under the Health Insurance Portability and Accountability Act (“HIPAA”) relating to a data breach that exposed over 300,000 patients’ protected health information (“PHI”). HIPAA requires covered entities (e.g., health… Continue Reading

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