HIPAA Civil Penalties-2013 Final Revisions

HIPAA Civil Penalties-2013 Final Revisions Summary: Tiered & Increased HIPAA Civil Penalties for Violations Under Section 160.401 of the Rule, “reasonable cause”, “reasonable diligence” and “willful neglect” are defined to describe the increasing levels of culpability for increasing levels of penalties may be imposed. The definition as modified: Reasonable cause means “an act or omission [...]

2013-Final Rule HIPAA Revisions Summary

Final Rule HIPAA Revisions Summary: On January 25, 2013 the Department of Health and Human Services issued modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under HITECH Act, and the Genetic Information Nondiscrimination Act. These Final Rules reflect modifications to the HIPAA Privacy, Security and Enforcement Rules to incorporate the privacy, security [...]

Administrative Requirements HIPAA Privacy Rule

Administrative Requirements HIPAA Summary: Responsibilities of Covered Entities-Re:Privacy Policies and Procedures *Develop and implement written privacy policies and procedures consistent with the Privacy Rule.*Designate “privacy officer” responsible for developing and implementing privacy policies and procedures.*Designate “contact person” responsible for receiving complaints and providing information about the entity’s privacy practices.*Train “all workforce personnel, inclusive of volunteers, [...]

HIPAA Privacy Rule Summary-Subject Entities

HIPAA Privacy Rule Summary In April of 2002, the HIPAA privacy rule was enacted by the U.S. Department of Health and Human Services to set out national standards for the protection of individual medical information. The “Privacy Rule” (officially titled: The Standards for Privacy of individually Identifiable Health Information) specifically addresses the use and disclosure [...]

Increase in Employee Lawsuits in 2012 and Would-be Jurors’ Perceptions

In its 8th Annual Litigation Trends Report, Fulbright interviewed 405 General Counsels (senior lawyers) working in-house for both U.S. and U.K. companies. 33% of U.S. and 20% of U.K. participants expect an increase in employee lawsuits in 2012 from 2011. The number one reason cited for this expectation is stricter goverment regulations. Finally, only 14% [...]

Business Dispute Lawyers Services for the Cost-Minded

Unlike traditional business lawyers’ services, The Business Dispute Clinic revolutionizes how legal clients and their lawyers work together, and in so doing, saves its clients money, time and resources. The Business Dispute Clinic’s mission is to provide business owners, risk managers, and human resource executives with the knowledge and skills to resolve conflicts in the [...]

Guidance For Employer Social Media Policy-#1

Guidance for Employer Social Media Policy-Report #1 August 18, 2011 It is clear in this first report that the NLRB Board broadly interprets the Act’s protections under Sections 7 and 8 to allow for non-supervisory employees to vent work-related frustrations via social media channels such as Facebook. NLRB Act Relevant Sections: Section 7: Rights of [...]

NLRB Recess Appointments-Unconstitutional

2012 NLRB Recess Appointments. Noel Canning, v. National Labor Relations Board Decided: January 25, 2013.The United States Court of Appeals for the District of Columbia Circuit ruled that there was no quorum lawfully seated on the NLRB on the date (February 8, 2012) that the Board issued its unfair labor practices order against Noel Canning. [...]

Mediation of Commercial Disputes-Part Two: Your Dispute Resolution Options

Mediation of Commercial Disputes This is the second of a four part series of posts which will provide an overview of each of your dispute resolution options: Business Negotiation, Mediation, Litigation and Arbitration. See: Compare Dispute Resolution Options Mediation of commercial disputes or commercial mediation is often described as an “assisted-negotiation.” It is a dispute [...]

Business Negotiation-Part One: Your Dispute Resolution Options

This is the first of a four part series of posts which will provide an overview of each of your dispute resolution options: Business Negotiation, Mediation, Litigation and Arbitration. See: Compare Dispute Resolution Options Negotiation is often called an Art. To truly become an expert negotiator you must clearly know what you want to gain [...]

Compare Dispute Resolution Options

No matter which type of dispute your company confronts, knowing your dispute resolution options is critical to cost-effectively and efficiently resolving your dispute. Disputes can be categorized under five headings: employee-management, employee-employee, business-customer/client, principal-principal and business-business. Fundamentally, there are four dispute resolution options: negotiation, mediation, litigation and arbitration. You can evaluate which option is best [...]

Commercial Dispute Resolution and Employment Complaints: Power of Mediation Unleashed

Since 1997 more and more companies are choosing Mediation for their commercial dispute resolution and employment complaints. A 2011 survey of Fortune 1000 companies, revealed 97% of companies used Mediation at least once in the prior three years. See: The Use Of ADR By U.S. Corporations Through its different styles or, more accurately applications, Mediation’s [...]

Mediation Benefits in Commercial Dispute Resolution

Mediation benefits in commercial dispute resolution are gaining increasing followers in Fortune 1000 corporations. (See: The Full Power of Mediation Unleashed) It is a voluntary and confidential process where the participation of a third-party neutral does not prevent you from loosing control over the outcome of the dispute. It is an assisted-negotiation process. The third-party [...]