BenefitsLink Health & Welfare Plans Newsletter
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[Guidance Overview]
HHS Proposed Regulations Address Accounting of Disclosures Under HIPAA and HITECH
"The preamble explains the agency's efforts to balance meaningful privacy protections with the administrative burden on covered entities. [T]he proposed limitations on the accounting requirement seem to ease its compliance burden and HHS indicates that the access report should be an automated process consisting of information already required to be recorded for HIPAA security compliance . . . ."
(Thomson Reuters/EBIA)
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[Guidance Overview]
HIPAA/HITECH Act: Accounting of Disclosures Proposed Rule (PDF)
"Notably, OCR proposes to limit the time period for which covered entities and business associates are required to account for disclosures and provide an access report to three years prior to the date of the request. Exercising its authority under HIPAA and the HITECH Act, OCR proposes that the new right to an access report be applicable not just to PHI held in an EHR, but to all electronic PHI held in a designated record set. This means that all covered entities and business associates, not just those covered health care providers who maintain PHI in an EHR, will be subject to the requirement to provide access reports."
(Alston & Bird LLP)
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[Guidance Overview]
The FMLA and Opportunistic Employees
"[T]he FMLA does not shield an employee from an employment action an employer would have taken irrespective of the employee's status under the FMLA. This includes enforcing a restriction on unapproved travel that would have applied whether the employee had been out on FMLA leave or non-FMLA covered sick or disability leave."
(McguireWoods LLP)
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Is Dental Insurance a Valuable Benefit?
"The cost of twice-yearly dental care may be less than the cost of a dental-benefits plan, but HR leaders may want to consider carefully before changing their employees' coverage. It's a highly valued benefit -- plus it may drive down some healthcare costs as well."
(Human Resource Executive Online)
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EEOC Proposes Records Rule on Genetic Information Nondiscrimination Act
"The EEOC said that employers already have this record-keeping requirement with respect to Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The proposed regulation would extend those same requirements to records relevant to any GINA charge."
(Business Insurance)
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Press Releases
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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
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