Healthcare Alert: Deadline is fast approaching for business associate agreements to comply with HIPAA’s Omnibus Rule

Many organizations, whether business associates, covered entities, or contractors/vendors of business associates, have updated their business associate agreements to comply with the Omnibus Rule. However, many others have not. All business associate agreements must be brought into compliance with the Omnibus Rule by Sept. 23, 2014.

Whether you are a covered entity who deals with business associates or a business associate who provides services to covered entities, you should review all of your business associate arrangements to confirm that you have written business associate agreements in place that comply with the HIPAA Privacy and Security Rules as updated by the Omnibus Rule. Start this process by identifying all of your business associate and contractor/vendor relationships.

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OIG’s Permissive Exclusion Criteria: Comment Before Sept. 9, 2014

The Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“HHS”) is soliciting comments, recommendations, and other suggestions on the non-binding criteria used by OIG in assessing whether to impose a permissive exclusion, which were first published in 1997 (https://oig.hhs.gov/authorities/docs/2014/2014-16222.pdf).  The OIG’s permissive exclusion criteria currently are organized into four general categories, including: (1) the circumstances and seriousness of the underlying misconduct; (2) the defendant’s response to the allegations or determination of wrongdoing; (3) the likelihood of a future violation; and (4) the defendant’s financial ability to provide quality health care services.  Over the last two decades, OIG has used these criteria to evaluate whether to impose a permissive exclusion or release this authority in exchange for the execution of an Integrity Agreement with OIG.

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Medicare’s Proposed Home Health Rule for 2015: Face-to-Face Encounter Documentation Requirements

Our colleagues at Epstein Becker Green released a client alert: “Medicare’s Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-to-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies,” by Emily E. Bajcsi and Serra J. Schlanger.

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California Employers Must Revisit Exempt Status of Commissioned Employees In Light of Supreme Court Ruling

By:  Amy Messigian

In a major blow to California employers who utilize a monthly commission scheme but pay biweekly or semimonthly salary to their commission sales employees, the California Supreme Court ruled earlier this week in Peabody v. Time Warner Cable, Inc. that a commission payment may be applied only to the pay period in which it is paid for the purposes of determining whether an employee is exempt from overtime.  Employers may not divide the commission payment across multiple pay periods in order to satisfy the minimum compensation threshold for meeting the exemption in any earlier pay period.  California employers who classify their commission sales employees as exempt should immediately take action to ensure compliance with the law.

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‘One man, two guvnors’: appointing deputies in the Court of Protection

Since February, when the President of the Family Division and the Court of Protection issued practice guidance on the publication of Court of Protection decisions, there have been many more Court of Protection cases reported in the mainstream press. 

If publication of cases raises awareness among the general public of the benefit of planning for incapacity, that alone will make it worthwhile.  Many people are still unaware of what could happen to their assets if they become incapable of managing them or what the options are in this respect.
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Multistate Tax Update — July 17, 2014

Wine tasting (and wine drinking, in general) has experienced a renaissance in recent years in the U.S. When you think of wine, you may inevitably think of regions of France, Italy, Spain, Argentina, and Germany, as well as Napa Valley in the U.S. But what about New York? A better question might be why not New York?

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Sleepless in the Saddle: Finding time to market when there’s no time to sleep

As I’m still out on holidays, I’m bringing you a fabulous guest post today from my friend, Chris Kirby, President of PCT Solutions.

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Over the more than 15 years I’ve been coaching and/or training attorneys and other professionals, perhaps the most consistent reason for not marketing is, “I don’t have time.” Whether the client is a monsoon maker or someone who is still looking forward to his first origination credit, they never seem to have time for business development.

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BC Court of Appeal considers validity of Conditional Donation made to Charity

In most situations, it’s clear when a charitable gift takes effect.  But in cases where the donor places a condition or restriction on a gift, it can be more difficult to determine when the gift became effective.  This was the issue before the British Columbia Court of Appeal in its recently released decision Norman Estate v. Watch Tower Bible and Tract Society of Canada. In the case, the Court had to decide whether a conditional gift made to a registered charity was an inter vivos gift (meaning it took effect during the lifetime of the donors) or whether it was testamentary in nature (meaning the gift was only effective on the death of the donors).

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Canadian Cooperative Securities Regulator Gains Ground: Saskatchewan and New Brunswick join Ontario and British Columbia

By Nafeesa Valli-Hasha

On July 9, 2014, Saskatchewan and New Brunswick signed an agreement to participate with British Columbia, Ontario and the federal government to establish the Cooperative Capital Markets Regulatory System, a common, self-funded securities regulator for participating jurisdictions in Canada. Together, the four participating provinces represent approximately 55% of the Canadian market capitalization1. This new regulator is scheduled to commence operations in Fall 2015, and draft legislation relating to this regulator is expected to be published by August 29, 20142.

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ILN Firm of the Month – McDonald Hopkins LLC, Ohio!

We’re excited to announce this month’s Firm of the Month, McDonald Hopkins LLC of Ohio!

 Member of the International Lawyers Network

The ILN is proud to announce our latest “Firm of the Month” - McDonald Hopkins LLC of Cleveland, Ohio!

Attorneys. Advisors. Advocates.
As a business advisory and advocacy law firm, McDonald Hopkins is focused on insightful legal solutions that help their clients strategically plan for an increasingly competitive future. The firm has 150 attorneys based in six strategic locations—Chicago, Cleveland, Columbus, Detroit, Miami, and West Palm Beach. For more than 80 years, McDonald Hopkins’ attorneys and professionals have been helping clients navigate some of the most challenging and timely issues—data privacy and cybersecurity; intellectual property; labor and employment; mergers and acquisitions; taxation; trade secret, non-compete and unfair competition practices; white collar and government compliance; and many more business and litigation topics. McDonald Hopkins: Attorney Insight. Business Foresight.®

McDonald Hopkins has a Washington, D.C.-based wholly-owned subsidiary, McDonald Hopkins Government Strategies LLC, which is led by distinguished former Congressman Steven LaTourette, who served nine terms in the U.S. House of Representatives. He is widely recognized for his bipartisan and solution oriented approach to complicated issues. McDonald Hopkins Government Strategies is not a law firm and does not provide legal services.

 

 

 

Full descriptions of McDonald Hopkins’  services, expertise, and lawyer profiles are available on their ILN profile.

 

Lindsay Griffiths
Director of Global Relationship Management
International Lawyers Network

Lindsay Griffiths

Learn More
 

Main Contacts:

William O'Neill

William O’Neill

Chair, Litigation Department
Email
: woneill@mcdonaldhopkins.com
Telephone: +1 (216) 348-5755

Practice Groups:

  • Labor and Employment Counseling
  • Products Liability and Mass Tort Litigation
  • Business Litigation
  • Data Privacy and Cybersecurity

Carl Grassi

Carl Grassi

President
Email
cgrassi@mcdonaldhopkins.com
Telephone: +1 (216) 348-5448

Practice Groups:

  • Commercial Finance
  • ESOP Transactions
  • Succession Planning
  • Taxation

Alan Griffiths

McDonald Hopkins continually impresses us with their professionalism and expertise, as well as with their commitment to the ILN.

Alan Griffiths
Executive Director
International Lawyers Network

+001.201.594.9985

www.ilntoday.com

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