Click on the link in this post for high-level compliance roadmap concerning the Omnibus Privacy Rule under HIPAA and HITECH for covered plans, providers and business associates.
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We have to disclose patient records in response to a subpoena/attorney letter, right?
Health care practices and businesses generally need to be more careful when responding to requests for medical and other sensitive personal information.
Continue Reading We have to disclose patient records in response to a subpoena/attorney letter, right?
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 …
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…
FAQs About the Genetic Information Nondiscrimination Act
Our comprehensive GINA FAQs will help you learn more about compliance with this law.
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Maryland and Illinois Seek to Protect Employee Social Media Activity
Have you ever reviewed the Facebook or LinkedIn profile or other social media activity of an employee or applicant? How about requiring employees or applicants to provide access to social media activity as a condition of employment.
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Social Media For Universities and Colleges–Beyond Recruiting
In connection with its coverage of national signing day, ESPN.com 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, …
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…
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…
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 ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records