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HIPAA Gets 'Teeth'
Memories of HIPAA Compliance likely have long faded for many HR and benefits professionals. You distributed your Privacy Notices, trained your staff, conducted a 'risk assessment' of your information systems under the Security Rule, and formally adopted a thick binder of HIPAA Privacy and Security policies. HIPAA, like Y2K, has come and gone, and health plan compliance has turned to bigger and more pressing issues, right?
Not quite. Recent news stories about the theft of millions of veterans' personal data from the Veterans Administration is a timely reminder about the importance of protecting the confidential data an organization maintains regarding beneficiaries of its health plans. In addition, the Final Rule on HIPAA Enforcement became effective on March 16, 2006, setting out comprehensive rules for all aspects of the enforcement process. These rules have more 'teeth' than was expected, and speculate that this enforcement structure will mean more rigorous enforcement, including imposition of civil penalties, by the HIPAA regulators, the Department of Health and Human Services (HHS). The new rules also make clear that avoiding HIPAA complaints about your health plan is not enough to evade HIPAA enforcement action: HHS now can initiate 'compliance reviews' based on any information suggesting noncompliance that comes to its attention, including media reports.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.