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
Alert
Published 11/05/2020
By Bruce Armon, George Magnatta, Samantha Gross
Industries Health Care | HIPAA / Health Information Privacy and Security
Services Cybersecurity and Privacy
On October 30, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $202,400 Resolution Agreement and Corrective Action Plan (CAP) with the City of New Haven, Connecticut (New Haven) to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. The Resolution Agreement is not an admission of liability by New Haven and the city is not liable for civil monetary penalties. This OCR settlement is an important reminder that governmental entities that are or have HIPAA-covered...
Article
Published 11/05/2020
Services Labor and Employment
Article
Published 11/03/2020
Industries Food, Beverage and Agribusiness
Blog Post
Published 11/03/2020
By Ruth A. Rauls, Lisa M. Koblin
Services : Labor and Employment
Article
Published 10/28/2020
Services Consumer Financial Services Litigation
Article
Published 10/27/2020
Industries Real Estate
Alert
Published 10/26/2020
By Bruce Armon, Samantha R. Gross
Industries Health Care
On October 20, 2020, the Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services (“HHS”) announced the resolution of two (2) sets of religious discrimination complaints to ensure clergy had access to patients for religious purposes during the COVID-19 pandemic. The two (2) hospitals involved are MedStar’s Southern Maryland Hospital Center (“MSMHC”), which is part of the MedStar Health System, and Mary Washington Healthcare (“MWHC”) in Virginia. Each matter is addressed below. Resolution With MedStar’s Southern Maryland Hospital Center In July 2020, OCR’s...
