Monthly Archives: January 2015

"Greater Cleveland Sports Commission has ‘new blood,’ same vision," Carl Grassi featured

As the president and CEO of the Greater Cleveland Sports Commission, David Gilbert and his staff of 12 full-time employees take instructions, advice and criticism from a 79-member board of trustees.

There are prominent executives from the Browns, Cavaliers and Indians on the board, as well as the owner of the Akron RubberDucks (Ken Babby) and some of the most prominent members of the Northeast Ohio business community. 

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Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insurance Carriers

Our colleague Mollie K. O’Brien at Epstein Becker Green wrote an advisory on a new law that will increase the protection of personal information under HIPPA by mandating encryption on all computerized data collected by health insurance carriers: “Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insurance Carriers.” Following is an excerpt:

In response to data breaches that have occurred across the United States, several of which involved the theft of laptop computers, beginning August 1, 2015, health insurance carriers in New Jersey will be obligated to do more to protect patient information than simply comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). A new law, signed by Governor Chris Christie on January 9, 2015, specifically requires health insurance carriers to encrypt electronically gathered and stored personal information.

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Ontario Appeal Court Clarifies Lawyers’ Role in Communicating With Experts

In a much anticipated decision, the Ontario Court of Appeal recently released its reasons setting out the parameters of legal counsel’s communication with expert witnesses.  The issue arose in a case called Moore v. Getahun (2015 ONCA 55) in which the plaintiff, Blake Moore seriously injured his right wrist in a motorcycle accident.  As a result of the treatment that he received at the emergency department at Scarborough General Hospital, including the realigning of the bones in his broken wrist and the application of a plaster cast to his wrist and forearm, Moore suffered permanent muscle damage.  He brought an action for negligence against the attending physician and the hospital. 
The central issues at trial were whether the doctor had fallen below the standard of care by applying a full circumferential cast on Moore’s wrist and whether the full cast had caused the permanent muscle damage.  The trial ended in a finding of liability.  Before trial the parties had agreed that the appropriate award of damages would be $350,000. 
The doctor appealed.
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Fourth Circuit Applies Four Year Statute of Limitations, Approves Award of Emotional Distress Damages in SOX Claim in Federal Court

By John F. Fullerton III

On January 26, 2015, in an issue of first impression at the appellate level, the United States Court of Appeals for the Fourth Circuit held that a federal catch-all four year statute of limitations applies to whistleblower retaliation claims filed in federal court under Section 806 of the Sarbanes-Oxley Act (SOX), rather than a two-year statute of limitations applicable to cases alleging fraud under the securities laws.  In addition, the Fourth Circuit joined the Fifth and Tenth Circuits in holding that emotional distress damages are available to successful plaintiffs as part of the “make whole” remedy under Section 806. The case, Jones v. SouthPeak Interactive Corp. of Delaware [pdf] affirmed various challenges to a jury verdict in favor of the former CFO of a publicly-traded company who alleged that she was terminated shortly after raising concerns to the company’s audit committee about information in the company’s quarterly financial report.  The decision represents another example of broad rather than narrow interpretation of the statute, in ways favorable to whistleblowers who claim retaliation.

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Week of January 26, 2014 on ILNToday – A Roundup!

I’m back in New Jersey for this week’s round up, and would you believe that there’s more snow here than there was in the Italian alps? Fortunately, the heavy snowfall of Juno missed us this week (although I was excited for a big storm), but Boston was not spared. We’re expecting more snow on Sunday night, and I think we’re going to see a lot more winter weather before spring hits!

So while you’re trying to stay warm at your desk, grab a cup of coffee and check out this week’s top posts from ILNToday! 

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ILN Today Post

Newsflash re Fines

Corporate manslaughter and health and safety offences can result in unlimited fines or even a prison sentence. The courts try to apply a consistent approach to sentencing across England and Wales, and there is a Sentencing Council which publishes guidelines on the appropriate level of fine/prison sentence, depending on a range of factors, such as the severity of the offence, previous good record and size of the organisation being sentenced.  More…

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CMS Proposes Home Health Physician Documentation Templates

In the most recent updates to the Medicare Home Health Prospective Payment System,[1] CMS made significant changes to the face-to-face encounter documentation requirements by eliminating the physician narrative requirement for most home health services for care episodes beginning on or after January 1, 2015.[2] In making this change, CMS stated that the medical records of the certifying physician or the acute/post-acute care facility (if a patient in that setting was directly admitted to home health) must contain sufficient documentation to support the physician’s certification of patient eligibility for home health services.

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CMS Announces Intent to Modify Meaningful Use

CMS announced today its intent to make significant changes to the EHR Incentive Program beginning in 2015.  The proposed changes, though not yet codified in a proposed rule, include a much desired ease of the program requirements in 2015.  They include: Aligning hospital EHR reporting periods to the calendar year (rather than the fiscal year) […]

The post CMS Announces Intent to Modify Meaningful Use appeared first on OMW Health Law.

For more information please visit or click on the headline above.

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Data Privacy and Cybersecurity Alert: Significant data breach class action ruling

In the first data breach class action of its kind in Michigan, the Court of Appeals has held that a plaintiff must show that the defendant intended to publicly disclose private facts in order for a claim of invasion of privacy to prove successful. In Jane Doe v Henry Ford Health System, Nos. 317973, 317975, Wayne County Circuit Court Case No. 12-001649-NO, a patient of Henry Ford filed a class action lawsuit against the health system and its transcription service providers after the service provider changed a configuration on the Henry Ford server resulting in hundreds of patients’ (including the plaintiff’s) protected health information (PHI) being made publicly available through search engines on the Internet.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — January 30, 2015

First the Republicans held their Congressional retreat and now Democrats are following suit this weekend. Congressional Democrats will huddle in Philadelphia over the weekend to plan their legislative strategy for the coming year.

President Obama will address the retreat and is expected to strike a defiant tone, calling on Congress to roll back sequestration cuts and jab Republicans for threatening funding for the Department of Homeland Security (DHS).

Obama plans to use the party retreat to preview his budget proposal, which will be released Monday. While the plan has no chance of making its way through a GOP-controlled Congress, it’s a vehicle for Democrats to outline clear policy priorities—which many leaders believe the party failed to do during the 2014 midterms.

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