All Blog postsOn January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
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Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: Labor & Employment
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Can an Employer Be Assessed Damages for the Loss of One’s Life’s Work? Posted on: June 21, 2021 In: Labor & EmploymentThe Massachusetts Supreme Judicial Court recently faced the question of whether an employer can be assessed damages for the loss of an employee’s life’s work. The court answered this question in the affirmative, upholding the trial award of an experienced cancer researcher, who received $10.2 million in damages against her former employer, Steward Health. The award represented the cost of reestablishing her research laboratory, lost as a result of the defendant’s unlawful breach of her employment contract.
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Don’t Forget the HIPAA Small Breach Notification Deadline of March 1, 2021. It’s Right Around the Corner! Posted on: February 10, 2021 In: Data Privacy & CybersecurityDespite all that made 2020 an unusual year, data security incidents did not slow down. For organizations that are covered by the Health Insurance Portability and Accountability Act (HIPAA), the deadline to report small incidents is fast approaching. Organizations that experienced a data security incident in 2020, which affected the protected health information (PHI) of less than 500 individuals, have until March 1, 2021 to submit their notification to the U.S. Dept. of Health & Human Services.
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FBI Healthcare Alert - Imminent Threat Of Widespread Ryuk Attack Posted on: October 29, 2020 In: Data Privacy & CybersecurityThe FBI and DHS-CISA issued a warning on October 28, 2020 about an imminent threat to hospitals and healthcare providers. They represent that they have credible information to suggest there will be a widespread Ryuk ransomware attack this weekend (October 30 - November 1), and the FBI, DHS and the NSA's Cybersecurity Threat Operations Center are currently investigating the matter. It is recommended that hospitals and healthcare providers implement the following measures as soon as possible.
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & CybersecurityOn September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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The Next Major Public Health Crisis Posted on: October 15, 2020 In: Data Privacy & CybersecurityIn 2014, a business associate of a healthcare entity was notified by law enforcement that it had suffered a cyberattack to the company's information system. The hackers were able to access and exfiltrate the health information of more than 6 million people from numerous entities served by the business associate. In addition to a fine issued by OCR, a related covered entity was sued and a multimillion-dollar settlement was reached. OCR placed the covered entity under a very detailed corrective action plan.
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OCR Announces HIPAA Telehealth Security Waiver in Response to COVID-19 Pandemic Posted on: March 20, 2020 In: Data Privacy & CybersecurityThe Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS), which is the body responsible for enforcing certain regulations pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), is exercising its enforcement discretion to meet the needs of health care providers and patients during the COVID-19 (Coronavirus) public health emergency.
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What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: Labor & EmploymentIn this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Four Tips to Mitigate Employee Whistleblower Claims in Healthcare Posted on: March 05, 2020 In: Labor & EmploymentEmployees are an employer’s largest potential liability. This is especially true for employers in the healthcare industry who participate in federal healthcare programs. Federal law, and some states, allows employees to bring a civil lawsuit against employers for alleged violations of federal law. Whistleblowers are particularly active in healthcare. 86% ($1.909 billion) of all whistleblower recoveries were recovered in the healthcare space.
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Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & EmploymentMany of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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