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First HIPAA Settlement Involving a Business Associate: A Cautionary Tale

"A business associate without access to large amounts of PHI, using widely available cost-per-record calculators, might conclude that it faces little financial exposure from the breach of a few hundreds or thousands of records and direct its cyber risk management investments accordingly. [A recent] enforcement action reflects OCR's desire to change that calculus, so that business associates give considerable weight to measures that will help make the breach of any PHI less likely."

Massachusetts Wellness Tax Credit for Small Employers

"The state of Massachusetts unveiled a wellness incentive program for small employers, called the 'MA Wellness Tax Credit'. Under this program, businesses with 200 or fewer employees, the majority of whom must work in MA, may apply for a Wellness Tax Credit of up to 25% of the costs associated with implementing a certified wellness program up to a maximum credit of $10,000 in a taxable year.... The credit will be issued on a first come first serve basis, so it is important to get your applications in now. All applications must be received by December 31, 2013 to qualify."

Analysis of Proposed Health Reform Policies

"Health reform has remained a hot topic throughout the recent months leading up to the presidential election. Here is a breakdown and analysis of a few proposals put forth during the 2016 presidential campaign.... Completely repeal Obamacare.... Allow individuals to fully deduct health insurance premium payments from their tax returns under the current tax system.... Allow individuals to use Health Savings Accounts (HSAs).... Require price transparency from all healthcare providers"

Paid Sick Leave Began on July 1 for Employees in Massachusetts and California

"In Massachusetts, employers must now provide all employees with five days of sick leave per year, paid or unpaid depending on the employer's size. California employers, on the other hand, must now provide employees at least three paid sick days per year. Employers that already provide paid time off, vacation, or other leave benefits can potentially use existing policies to meet their new compliance obligations as long as it meets the minimum requirements of the new law."

Significant Data Breach Hits Partners HealthCare

"Partners stated it informed 3,300 affected patients on April 30, 2015 via mail that the breach included patient information, but Partners' electronic medical records had not been compromised. Some of the sensitive patient information collected include names, addresses, dates of birth, and telephone numbers. In some cases, Social Security numbers and clinical information were also disclosed.... [E]mployers can direct any affected employees to the Partners website, and encourage them to thoroughly review their Explanation of Benefits (EOB)."

Navigating the Complexities of International Emergency Medical Policies

"U.S. employers may also fail to realize that when their international (non-U.S.) employees leave their home country (whether to come to the U.S. or go elsewhere in the world) they do not automatically have emergency medical coverage under a domestic plan from their home country. So for example, when your German employee comes to the U.S. on a business trip, he or she has no medical coverage while in the states unless a specific policy was purchased for that purpose.... [If] that same German person went to France, he or she would be covered for needed medical services since E.U. countries have treaties with one another that covers this situation.... [S]ome countries, like Germany, legally require travel medical insurance for employees traveling out of country on business. If there is no policy in place you may be violating German labor law with all its related consequences."

Can Staples Manage Employee Hours to Avoid Offering ACA-Required Health Coverage?

"Staples employees have voiced frustration against a long-standing company policy that states part-time employees cannot work more than 25 hours per week. Employees allege that strict enforcement of this policy clashes with the ACA's employer mandate.... Staples has denied that they are reducing employee hours to avoid offering health coverage per the employer mandate. However, an employee's claim of violation under Section 510 depends on what that employee is told."

Lowering Deductibles Through Workouts

"By incenting employees to work out, Pact Health serves as a type of Health Reimbursement Arrangement vehicle that allows employees to lower their health deductibles with each workout.... For example, if a group increased their deductible to $2,000, Pact Health would reimburse employees for the first $1,000 of deductible expenses, so the plan essentially mirrors a $1,000 deductible plan. Then, for every time an employee completes a workout towards their 'pact', they could have the opportunity to exercise their way down to a $500 deductible. Conversely, if they miss their workouts, their deductible could grow to $1,500."

ACA Users Are No Sicker Than Those on Commercial Exchanges

"First year data showed that newly-insured members were scheduling PCP, women's health and preventive care visits at a much higher percentage than commercially-covered members. Prior to Obamacare, preventive visits were likely a low-priority for the uninsured, but now that these services are free under the new law, more enrollees are taking advantage of their ability to access care.... It's possible that over time, a correlation may emerge between preventive visits and increased referrals for specialty care, so these patterns will need continual monitoring."

Sony Breach Airs Personal Health Information of Dozens of Employees

"Amidst the thousands of documents stolen from the company were the personal health records of more than three dozen employees and their children.... Included in the stolen health documents was a spreadsheet from the company's HR department that listed the birth dates, gender, health condition and medical costs for 34 workers. Another file contained a list of personal details of one employee's child with special needs, including reports about the child's diagnosis, treatment and medical claims history.... The ramifications of these breaches involve heavy civil and criminal penalties, and compromise the privacy and protection of innocent individuals whose information is exposed."