Employee’s Non-Compete Agreement Unenforceable After Transfer to Third Party
People make a business go. Thus, a company’s workforce is a valuable asset. One way for a company to maintain its workforce and protect the investment it makes in its employees is through the use of...
View ArticleEmployer-Sponsored Group Health Plans & HIPAA’s Third Installment
If small business employers think that the Health Insurance Portability and Accountability Act—or what we fondly refer to as “HIPAA”—only applies to health care providers, they need to think again....
View ArticlePersonnel Records: What Goes Where
Confusion abounds when it comes to deciding which employee personnel records go where, who can access which records and who cannot, and how records should be segregated. Human resource employees have...
View ArticlePhysician Practices and Records Transfer in the HIPAA Era
In the current environment, it seems that businesses are constantly changing hands, merging or dissolving. The question then is what happens with a patient’s medical records when a medically-based...
View ArticleRecent Cases Involving Patient Privacy—How Far Does the Duty Go for Employees?
On May 24, 2006, the Illinois Supreme Court granted an appeal for a defendant hospital’s petition for leave. A decision in this case concerns the extent of an employer’s liability for an employee’s...
View ArticleGeorge Clooney and HIPAA
A recent entertainment news story involving celebrity medical records is an example of the problems associated with employee activities and reminds us of the need for continuous vigilance in protecting...
View ArticleMissouri’s Cafeteria Plan Mandate: Effective January 1, 2008
As part of the “Missouri Health Insurance Portability and Accountability Act” (§§ 376.350 to 376.454), Missouri passed new legislation joining other states in requiring certain employers to establish...
View ArticleKicking the Habit and Getting Fit Helps Employers’ Bottom Lines
Employee costs are the bottom line The fact is that employee costs, and curbing those costs, are the “bottom line” for most employers. For years, employers have been struggling to control and minimize...
View ArticleThe New Security Breach Notification Rule
On August 24, 2009, the Department of Health and Human Services (“HHS”) published in the Federal Register interim final regulations and accompanying commentary with regard to breach notification...
View ArticleThe New “Red Flags” Rule for Healthcare Providers
NOTE: After numerous postponements of implementation of the FTC Red Flags Rule, President Obama signed the Red Flags Program Clarification Act of 2010 (“Act”) on December 18, 2010, which was effective...
View Article