On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of medical bills in consumer financial reports. This amendment, while providing significant benefits to Americans suffering significant medical debts, also may alter
More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, and Telework
Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII of the Civil Rights Act
Data Analytics Enables Health Plans to Predict When Employees Need Health Services and For How Long
We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group health plans. According to a recent HealthcareITnews article, vendors such as Advanced
No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media
If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on
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
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
Check Out Our Webinar Addressing the HIPAA, HITECH Omnibus Regulations
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.
Continue Reading Check Out Our Webinar Addressing the HIPAA, HITECH Omnibus Regulations
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