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On February 14, 2024, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued two reports to Congress as required by the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009. The reports are helpful to health care providers (and all...

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were not preempted by ERISA and a court’s deference to an insurer’s...

Stephanie Denker, Partner at Saul Ewing LLP, will be speaking at a webinar entitled " Legal Update: A Discussion of Significant Insurance and Reinsurance Cases from 2022 and 2023" on February 27, 2024. The ARIAS•U.S. Law Committee will host this webinar which is focused on significant insurance and...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

On February 16, 2024, the HHS Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a final version of the cybersecurity resource guide (the “Guide”) with respect to the HIPAA Security Rule. As noted in the Guide’s abstract, “This publication provides...

On February 6, 2024, the HHS Office for Civil Rights (“OCR”) announced a settlement with Montefiore Medical Center (“MMC”) for alleged HIPAA Security Rule violations and MMC agreed to pay $4.75 million and enter into a two-year corrective action plan (“CAP”) with OCR. MMC admitted no wrongdoing...

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and prejudgment interest, deference to an insurer’s interpretation of a plan’s provisions...

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality criteria for 65 constituents of Class II-A ground water. NJDEP is also...

This month’s Friday Five covers cases relating to the enforceability of contractual statute of limitations provisions described as a “labyrinth,” ERISA claims when the carrier allegedly misrepresents benefits, federal courts retaining ERISA jurisdiction following a related state court case, a court...

In December 2023, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a $480,000 settlement with a Louisiana medical group following a phishing incident. In 2021, the medical group filed a breach report with HHS stating that a hacker – through a...

On November 20, 2023, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced an $80,000 HIPAA settlement with Saint Joseph’s Medical Center (“SJMC”) in New York State. The settlement was the result of OCR’s investigation of SJMC after the Associated Press...

This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two decisions awarding summary judgment for the defendant despite the plaintiffs...

EPA Compliance Audit Guidance: New Owner, Voluntary Disclosure, Admission of Liability, Penalty Mitigation The CLE course will address the EPA's most recent guidance for environmental counsel related to its audit policy. The panel will provide an overview of the EPA's incentives to companies that...

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management Services (DMS), a Massachusetts medical management company that provides...

This month’s Friday Five covers cases relating to petitions for attorneys’ fees, unpersuasive self-reported evidence of disability, and a dilatory attempt to augment the administrative record. The Saul Ewing Employee Benefits/ERISA Litigation Team Western District of Wisconsin Slashes “Eye-Popping”...

Andrew Bockis will discuss "What Lawyers Should Know About Hydrogen Hubs" at the Pennsylvania Bar Institute's Oil & Gas Law Conference 2023. This conference explores recent legislative and case law developments as well as technological advancements in the oil and gas industry. In addition to being a...

John Dixon moderated a panel on “New Challenges and Opportunities in Environmental Permitting” during the Pennsylvania Bar Institute’s 2023 Oil and Gas Law Conference. Also on the panel were attorneys from the Pennsylvania Department of Environmental Protection and Citizens for Pennsylvania’s Future...

Jim Gkonos will be speaking at the 2023 Insurance Forum on November 2, 2023. Location: In Person Only, Offices of Locke Lord LLP 111 S. Wacker Drive, 41st Floor, Chicago, IL, 60606 8:00 AM - 2:30 PM Speakers Include: Welcome and Introduction Kenneth M. Weine – Chief Audit Officer, American...

On October 13, 2023 in Philadelphia, President Biden and Secretary of the Department of Energy (DOE) Granholm announced the seven regional hydrogen hubs (H2Hubs) selected for negotiation with DOE for $7 billion in funding. What You Need to Know: President Biden announced the selection of seven...