Archives: GINA

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Nevada Updated Its Definition of Personal Information, Have You?

When businesses set out to safeguard “personal information,” a fundamental consideration is what that term means. Likewise, when negotiating a third-party vendor agreement, it typically is not enough to rely on the standard definition for “confidential information.” Recently, Nevada and other states have updated their definitions of personal information in connection data breaches notification and … Continue Reading

Ebola Preparedness – Listen To A Discussion By Jackson Lewis Practice Group Leaders

Effective management of an Ebola infection in your business can be dramatically enhanced by some careful planning. If you are addressing safety and health issues, questions about whether an employee should come to work (or employees who don’t want to come to work because of a belief there is an infected employee there already), or … Continue Reading

Ebola Presents Significant Workplace Challenges

We addressed the dangers of “snooping” into patient records by hospital workers spurred by incidents of Ebola and Enterovirus D-86 in the U.S. Of course, the workplace challenges created by Ebola, Enterovirus D-86 and other contagious diseases and illnesses in the workplace go far beyond snooping, and far beyond healthcare employers. Employers in all industries are facing dilemmas in … Continue Reading

Nursing Facility Settles Alleged GINA Violations with EEOC for $370K

As one nursing facility in New York has learned, asking employees or applicants about their family medical history can violate the Genetic Information Nondiscrimination Act (“GINA”) and draw the ire of the U.S Equal Employment Opportunity Commission (EEOC). Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000 to settle discrimination … Continue Reading

HR Must Take Simple Step to Comply with GINA When Setting Up Medical Examination

Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage.  As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene with … Continue Reading

A Summary of the Final HIPAA Rule

As we continue to examine the final HIPAA privacy and security regulations, as amended by the HITECH Act and the Genetic Information Nondiscrimination Act, we pulled together a summary of some of the key points. We fully expect additional sub-regulatory guidance to be provided by OCR, such as frequently asked questions and sample business associate agreement … Continue Reading

Recruiter Misuse of Social Media Can Increase Risk of Liability

Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting.  Often, recruiters are viewing and considering information that should not be utilized in the hiring process.  LinkedIn is replete with information that should not be considered when … Continue Reading

Social Media For Universities and Colleges–Beyond Recruiting

In connection with its coverage of national signing day, recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels.  And, like in the workplace, misuse … Continue Reading

Social Media Guide for Hospitals

The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant … Continue Reading

Decision on Genetic Information Privacy Issued by Minnesota Supreme Court

The Minnesota Supreme Court issued a decision on November 16, 2011 holding that the state’s Genetic Privacy Act, Minn. Stat. Section 13.386 (2010) restricts the collection and use of blood samples taken from newborns pursuant to the state’s Newborn Screening Statutes, Minn. Stat. Section 144.125-128.  The litigation, captioned Bearder et al v. State of Minnesota, … Continue Reading

ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records

Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney's demand letter or a subpoena and apply to the individual's medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.… Continue Reading

EEOC Issues Final Regulations Under Title II of GINA

The long awaited final Title II regulations under the Genetic Information Nondiscrimination Act (GINA) will be issued tomorrow, November 9, 2010. The Equal Employment Opportunity Commission published proposed regulations under Title II of GINA on March 2, 2009. A period of public comment followed. The final regulations will have an impact on a number of employment practices, including wellness programs. We will be … Continue Reading

Connecticut Woman Files First GINA Claim

ABC News has reported that a Fairfield, Connecticut woman, Pamela Fink, yesterday filed claims with the U.S. Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities that her employer violated GINA when it terminated her employment on March 25, 2010. The federal Genetic Information Nondiscrimination Act (GINA) (pdf), which went into effect … Continue Reading

GINA Effective November 21, 2009, But EEOC Final Regulations Remain Under Review

The Genetic Information Nondiscrimination Act (GINA) [pdf], signed into law in May 2008, prohibits discrimination by health insurers and employers based on individuals’ genetic information. Genetic information includes the results of genetic tests to determine whether someone is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, … Continue Reading