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New HIPAA Privacy Rules Take Effect April 14
Congress recently amended the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to include what has become known as the 'Privacy Rule,' a statutory provision addressing the privacy of health information. The Rule covers health care providers, health care clearinghouses and health plans, including employer-sponsored group health plans. Those plans that have fewer than 50 participants and are self-administered are exempt. This is the only HIPAA exemption for health plans. The compliance date for most providers and health plans is April 14, 2003. 'Small' health plans ' that is, those with annual receipts of $5 million or less ' have until April 14, 2004 to achieve compliance. Penalties for noncompliance include civil penalties of up to $25,000 per person, and criminal penalties of up to 10 years in prison and fines of up to $250,000.
As a practical matter, insured health plans will have a lighter compliance burden than self-funded plans because the insurance company or HMO will have the most exposure to, and interaction with, employees and their health information, and will therefore have the greatest compliance responsibilities. Self-funded group health plans, for the most part, have access to the information that an insurer or HMO would have, and will therefore have corresponding compliance requirements.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."