"The Model Attestation meets all of the requirements to be a valid attestation and sponsors of self-insured group health plans are encouraged to use it to avoid challenges to the attestation's validity. Plan sponsors will need to educate their employees with access to PHI about the new rules, develop a process for collecting valid attestations, and review their current business associate agreements and policy and procedure materials to determine whether amendments are required."  MORE >>

"[1] Review and update HIPAA policies and procedures to include the new prohibitions that apply to reproductive health care PHI.... [2] Update Notice of Privacy Practices ... [3] Review and update business associate agreements ... [4] Train employees responsible for managing health plan information or responding to PHI requests ... [5] Create an attestation form."  MORE >>

"A covered entity or BA must obtain a written attestation that the information is not for a prohibited purpose before PHI potentially related to reproductive healthcare can be used or disclosed in the following circumstances: [1] Health oversight activities; [2] Judicial and administrative proceedings; [3] Law enforcement purposes; [4] Disclosures to coroners and medical examiners to identify a deceased person, determine cause of death, or other duties as authorized by law."  MORE >>

"[T]he provider can disclose the individual's own PHI to that individual without an authorization. HIPAA does not affect the employee's ability to then provide that information to the employer. But the answer is different if the employer and health care provider communicate directly.... FMLA regulations also limit the contact that an employer may have with an employee's health care provider."  MORE >>

"Michigan employers have until February 21, 2025, to examine their current leave policies for Michigan employees and assess any necessary modifications needed to comply with the expanded paid sick leave provisions of the original legislation.... The ESTA applies to ALL Michigan employers with at least one employee, except the federal government. This includes ... employers with fewer than ten employees." [Mothering Justice v. Attorney General, No. 165325 (Mich. Jul. 31, 2024)]  MORE >>

"The [DOL's] Wage and Hour Division (WHD) ... increased the prevailing H&W fringe benefits from a rate of $4.98 per hour to $5.36 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates have increased from $4.57 per hour to $4.93 per hour. Updated rates of $2.36 per hour (without the EO) and $1.93 (with the EO) also apply to employees in Hawaii covered by the Hawaii Prepaid Health Act."  MORE >>

"While the Michigan Supreme Court's decision is not subject to appeal, the state legislature could now take action to amend the laws as it is well beyond the original session in which they were adopted. This means potentially more uncertainty for Michigan employers as they wait to see if the legislature will take any action." [Mothering Justice v. Attorney General, No. 165325 (Mich. Jul. 31, 2024)]  MORE >>

"Start by understanding the range of voluntary benefits.... Understand the impact on your budget.... Ask yourself, 'What does my workforce value?' ... Communicate about your voluntary benefits package."  MORE >>