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On April 23, 2024, the Federal Trade Commission (FTC) approved a final rule (the “Rule”) broadly banning all employee non-compete clauses, with limited exceptions. The Saul Ewing Labor and Employment Group prepared a blog summarizing the Rule through a non-industry specific lens. Saul Ewing...
On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of the public can make reports of what they believe to be competition –...
The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions were announced for HIPAA-covered entities that allegedly did not provide...
With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been around as long as some of the oldest colleges and universities in the...
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...
On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board . Coalition for TJ involves an admissions policy at a prestigious public magnet high school which has significantly impacted racial demography at the...
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...
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...
In early November, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its General Compliance Program Guidance (the Guidance). This was HHS OIG’s first update since 2008. What You Need to Know: This is the first compliance compendium released by HHS...
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...
In October 2023, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) published Advisory Opinion 23-07 and approved a plan by a multi-specialty physician practice to pay its employed physicians bonuses related to net profits derived from outpatient procedures...
On August 24, 2023, the United States Department of Education's Office for Civil Rights ("OCR" or the "Department") released a Dear Colleague Letter (the "DCL") regarding "Race and School Programming." This DCL, which surely appears to be a response to the Supreme Court's ruling in Students for Fair...
On August 4, 2023, the U.S. Department of Justice (DOJ) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) on Accessibility of Web Information and Services of State and Local Government Entities. The DOJ Fact Sheet is at Fact Sheet: Notice of Proposed Rulemaking on...
On September 11, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement with LA Care related to potential violations of Health Insurance Portability and Accountability Act (HIPAA). LA Care is the largest publicly operated health plan in the...
In late August, the HHS Office for Civil Rights ("OCR") announced an $80,000 settlement with United Healthcare Insurance Company ("United") relating to OCR's right of access initiative (the "Initiative") which requires that patients be able to access their health information in a timely manner...
The HHS Office of Inspector General issued an 'unfavorable' advisory opinion in August with respect to a proposed joint venture relating to interoperative neuro monitoring. Parties considering joint ventures and those in joint ventures should review the OIG analysis to assess compliance with...
In an effort to combat discrimination and harassment based on caste, numerous colleges and universities have amended their nondiscrimination policies to explicitly prohibit misconduct based on caste. Institutions of higher education are joined in this effort by some states and municipalities...