Monthly Archives: September 2017

MedPAC Discusses Medicare Payments for Telehealth Services and Utilization Trends

Pursuant to the 21st Century Cures Act of 2016, Congress mandated the Medicare Payment Advisory Commission (“MedPAC”) to provide a report to Congress by March 15, 2018, in which MedPAC has been asked to answer the following questions:

  1. Under the Medicare Fee-for-Service program (Parts A and B), what is the current coverage of telehealth services?
  2. Currently, what coverage do commercial health plans offer for telehealth services?
  3. In what ways can the Medicare Fee-for-Service program adopt some or all the telehealth service coverage presently found in commercial health plans?
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Three more lawyers at RSS

September 26, 2017 — RSS is pleased to announce that three lawyers have joined the firm over the past few weeks:

  • Tasy Bacolias, who was called to the Quebec Bar this summer after articling with the firm, has joined our Business Law Practice Group;
  • Xavier Morand Bock, another RSS stagiaire recently sworn as a lawyer, is now part of our Litigation Practice Group; and
  • Julien Robidoux, a lawyer since 2012, who becomes the newest member of our Insurance Law Practice Group.
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ILN Today Post

Out with the old, in with the new: 6 upcoming changes to EU data protection law under the GDPR

This is the second in a 3-part series examining the Global Data Protection Regulation. Click here for the first article, which gave a high-level overview of the GDPR and stay tuned for future insight on what GDPR enforcement you can expect.

The much-anticipated General Data Protection Regulation (GDPR) will soon replace the current European Data Protection Directive 95/46/EC (the Directive), representing one of the most significant changes to EU data protection law in over two decades. Although the GDPR is similar in many respects to the Directive, there are several important changes to come under this new law that will undoubtedly have a significant impact on companies operating across the globe.

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Announcing Our Combined Blog!

As with our merger, two highly informative blogs geared towards employers have been combined – WISE: Workplace Initiatives by Saul Ewing and The General Counselor, are now WISE: Workplace Initiatives and Strategies for Employers. Our combined blog will keep you WISE with labor and employment law updates and up-to-date on various issues. Please check out our blog here and subscribe to our email list to stay informed.

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New York State Issues New Cybersecurity Regulations Following Equifax Breach

New York State has issued proposed regulations extending existing regulations requiring banks and other financial institutions to have in place a comprehensive cybersecurity program to credit reporting agencies.  Governor Mario Cuomo announced that “The Equifax breach was a wakeup call and with this action New York is raising the bar for consumer protections that we hope will be replicated across the nation.”

Under the proposed regulations, every consumer reporting agency that assembles, evaluates or maintains a consumer credit report on NYS consumers must register with the State by February 1, 2018 and have in place a written cybersecurity program by April 4, 2018. The program must identify and assess internal and external cybersecurity risks that may threaten non-public information, including personally identifying consumer information. The program must include provisions that address data governance and classification, asset inventory and device management, access control and identity management, systems and network security and monitoring, as well as other mandated areas.

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In-Person Interviews Now Required for Employment-Based Adjustment of Status Applications

Beginning on October 1, 2017, U.S. Citizenship & Immigration Services (USCIS) will require all employer-sponsored applicants for adjustment of status to attend an in-person interview with a local Immigration Services Officer, before a decision is rendered in their Lawful Permanent Residence process. Highlights of this change to the law include:  All employment-based applications for adjustment of status will be subjected to the new in-person interview requirement. Previously, a small percentage of such applicants were subjected to an interview.

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California Imposes Immigration Regulations on Employers

On September 13, 2017, California legislators passed California Bill AB 450, also known as the Immigrant Worker Protection Act (“the Act”).  The Act is one of three immigration bills currently awaiting Governor Jerry Brown’s approval or veto.[1]

The Act imposes specific restrictions on employers in instances where U.S. Immigration and Customs Enforcement (“ICE”) agents seek access to their workplaces for immigration enforcement. Specifically, the Act prohibits employers from (1) voluntarily consenting to allow an ICE agent to enter nonpublic areas of the workplace absent a judicial warrant; and (2) voluntarily consenting to allow an ICE agent to access, review, or obtain employee records, absent a subpoena or a court order.

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ASIC Enforcement Review – Part 4

“Co-regulation” encouraged for industry Codes – greater telecommunications surveillance a possibility

The major take-out from the ASIC Enforcement Review Taskforce on industry codes is whether co-regulation in appropriate parts of the financial sector would improve the self-regulatory model.

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ILN-terviews: Antonello Corrado, EXP Legal – Italian & International Law Firm

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network.

For our latest interview, we chose ILN member, Antonello Corrado of EXP Legal – Italian & International Law Firm in Italy.

In one sentence, how would you describe your practice?
A reliable medium-sized corporate and commercial Italian firm, with broad expertise in key areas of the Italian and International transaction.

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Appellate Division Second Department Declines to Defer to NYSDOL Opinion Letter and Rules That Home Healthcare Attendants May Be Entitled to Wages for Hours Worked In Excess of 13 Hours a Day

In New York, State Department of Labor (“DOL”) regulations provide that the minimum wage must be paid for each hour an employee is “required to be available for work at a place prescribed by the employer.” (12 NYCRR § 142-2.1(b)) (“Wage Order”). Exception is made for a “residential employee,” defined as one who lives on the premises of the employer, during his or her sleeping hours or any time he or she is free to leave the place of employment. Id.

On March 1, 2010, the DOL issued an Opinion Letter advising that sleep-in employees, whether or not they are residential employees, who work a twenty-four hour shift must be paid not less than for thirteen hours for a twenty-four hour period provided they are afforded at least eight hours for sleep, actually received at least five hours of uninterrupted sleep and are afforded at least three hours for meals. (NYS St. Dept. of Labor OP. No-09-0169 at 4 (March 11, 2010)). The Opinion Letter was a reiteration of the DOL’s long standing interpretation of the Wage Order as applied to home health care attendants, and agencies assigning attendants to twenty-four hour shifts have long followed it in paying the attendants for this shift.

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