Alert
Published 11/23/2020
By Bruce Armon, Samantha R. Gross
Industries Health Care | HIPAA / Health Information Privacy and Security
Services Cybersecurity and Privacy
On November 19, 2020, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced it had settled its 12th enforcement action in its HIPAA Right of Access Initiative (the “Initiative”). The Initiative is an OCR enforcement priority to ensure individuals can easily and timely access their health information at a reasonable cost under the Health Insurance Portability and accountability Act (“HIPAA”) Privacy Rule. There are have been several other Initiative settlements this fall including with Riverside Psychiatric Medical Group settling for $25,000...
Podcast episode
Published 11/18/2020
In this episode, host Jonathan Havens speaks with Kermit Nash, both of whom are co-chairs of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, about how the COVID-19 pandemic has disrupted the production and distribution of food and beverage products—from dairy farms having to dump milk that would spoil before it reached its destination to disruptions with food supply going to schools, conventions and restaurants. Kermit addresses some positive impacts on the industry, such as how sourcing local food and organic/better-for-you food products have really flourished during the pandemic and how we saw direct interaction among those on the regulatory, production and consumption sides in pivoting from large bulk packaging to smaller packaging.
Podcast episode
Published 11/18/2020
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with fellow FBA Practice co-chair, Jonathan Havens, on the portfolios of the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Jonathan also explains how both federal agencies have relaxed some rules for FBA companies during the pandemic and implemented some business-minded solutions. For example, the USDA has helped the agribusiness sector via the Coronavirus Food Assistance Program, has worked to get financial relief directly to farmers, and has helped food banks and distribution networks cut through red tape to get food to the last mile. Also in this episode, Jonathan addresses some of the latest cannabidiol (CBD) and hemp regulatory developments.
Podcast episode
Published 11/18/2020
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with the Firm’s Labor and Employment Practice vice-chair Dena Calo and Carrie Leishman, president and CEO of the Delaware Restaurant Association, about how the restaurant industry has managed throughout the pandemic and the potential road ahead. They discuss how the industry is fighting hard to adopt new practices with more delivery, takeout and outdoor dining options as well as safety measures, while also getting some financial assistance from the government. In addition, Carrie talks about rolling out a rapid workforce training program to help increase restaurant workers’ chances of reemployment, upskilling and higher wages, and also about the association’s work to assist women in the hospitality industry.
Podcast episode
Published 11/18/2020
Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Barry Chatz, a partner in the Firm’s Bankruptcy and Restructuring Practice, on a variety of financial issues and restructuring and bankruptcy tools and considerations for FBA companies, including how many have shortened their periods of cashflow analysis from quarterly to weekly or daily to determine if they can survive. Barry explained how certain federal laws, such as the Perishable Agricultural Commodities Act and Packers and Stockers Act, help ensure that full payments are first made to producers and wholesalers of agricultural products before others.
Alert
Published 11/18/2020
By Laura Lau Marinelli, Vincent M. Canale
Industries Condominium and Community Associations
Executive Order 2020-72 Allows Limited Resumption of Eviction Lawsuits for Collection of Unpaid Assessments by Illinois Condominium and Common Interest Community Associations. Since the onset of the COVID pandemic, Governor Pritzker’s Executive Order issued on April 23, 2020 has prohibited the commencement of any eviction actions, thereby preventing associations from pursuing collection of assessments through the eviction process. But on November 13, 2020, Gov. Pritzker issued new Executive Order 2020-72 (click here for a copy) which may finally provide associations with some relief. While...
Alert
Published 11/18/2020
By Alexander (Sandy) R. Bilus
Services Cybersecurity and Privacy
On November 3, 2020, Californians went to the polls and voted in favor of making sweeping changes to their existing state privacy law. Proposition 24, known as the California Privacy Rights Act of 2020 (“CPRA”), modifies and expands on the California Consumer Privacy Act of 2018 (“CCPA”). The CPRA creates new and expanded rights for California residents and new compliance obligations for businesses. It creates a new agency, the California Privacy Protection Agency, that is tasked with implementing regulations and conducting investigations and enforcement actions. This article explains the key...
Blog Post
Published 11/18/2020
By William W. Warren, Jr.
Alert
Published 11/16/2020
By Bruce Armon, Samantha Gross
Industries Health Care | HIPAA / Health Information Privacy and Security
Services Cybersecurity and Privacy
The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) recently announced it had settled its 10 th and 11 th enforcement actions in its HIPAA Right of Access Initiative (the “Initiative”). The Initiative is an OCR enforcement priority to ensure individuals can easily and timely access their health records at a reasonable cost under the Health Insurance Portability and Accountability Act (“HIPAA”). These settlements follow several other recent OCR settlements under the Initiative including against NY Spine Medicine , St. Joseph’s Hospital and Medical...
Videos
Published 11/13/2020
Industries Real Estate
As the COVID pandemic runs its course, we have seen institutional lending narrow to limited assets and transactions, with fewer lenders making funds available. Listen to our panel of experts and direct lending providers to learn about the financing sources that are making capital available to developers and property owners today.
Alert
Published 11/11/2020
By Jonathan Havens, Ruth Rauls, Paige Berry, Matthew Smith
Industries Cannabis Law
The clear winner after the November 3 election was marijuana. In four states – New Jersey, Arizona, South Dakota and Montana – voters approved initiatives to legalize recreational marijuana. South Dakota and Mississippi also voted to approve medical marijuana. The legalization of adult-use marijuana in New Jersey puts significant pressure on other states in the region, including New York, Pennsylvania and Connecticut, to follow suit quickly or risk missing out on significant revenue from adult-use marijuana sales. The governors of each of those three states recently made statements about the...
Article
Published 11/10/2020
Alert
Published 11/09/2020
By Joseph D. Lipchitz, Zachary Berk
Industries Cannabis Law | Insurance
On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that requires reimbursement of necessary and reasonable medical expenses. Daniel Wright’s Case , - - Mass. - -; 2020 WL 6293431 (Oct. 27, 2020). The Court analyzed the interplay between the state medical marijuana law, the state worker’s compensation insurance scheme, and the federal Controlled Substances Act, 18 U.S.C. §841 (“CSA”), which criminalizes the possession and use of...
Alert
Published 11/06/2020
This month’s Friday Five covers cases relating to personal liability of medical reviewers, when notice violations arise to a claim for relief, how plans must delegate discretionary authority, the rights of plans to terminate benefits, and when fee shifting might not be appropriate on a decision to remand a claim to the administrator. Novmber 6, 2020 | By Amy Kline , Caitlin Strauss and Michael Joyce Medical Reviewer Cannot Be Personally Liable for a Denial of Benefits. The plaintiff, proceeding pro se , sued a number of parties related to the termination of her disability benefits. The court...
Blog Post
Published 11/06/2020
By Steven C. Reingold, Rohit Kapuria
Article
Published 11/05/2020
Industries Higher Education | K-12 Schools
