The Bottom Line With states passing comprehensive consumer privacy laws left and right, Washington is the first state to pass an aggressive privacy law focusing on consumer health data.With consent requirements to process health data and a private right of action, the Act is not one to be Continue Reading
AdExchanger | Concerns About Advertising Using Health Data Are Rising. Where Does HIPAA Apply?
Gary Kibel was quoted in an AdExhanger article, "Concerns About Advertising Using Health Data Are Rising. Where Does HIPAA Apply?" Continue Reading
Regulators Clarify COVID-19 Relief Deadline Extension
The Bottom Line The newly issued Notice could be quite difficult to apply in practice for plan sponsors and third party administrators, as it requires a plan sponsor and its third party administrators to track each participant’s or beneficiary’s tolling period from the date he/she became entitled Continue Reading
Group Health Plans: Regulators Extend Deadlines During the COVID-19 Crisis
The Bottom Line The Notice provides important guidance and relief for group health plan sponsors and plan participants in light of the COVID-19 pandemic.The regulators have hit the pause button on many of the employee benefit plan timeframes during the period of the COVID-crisis.Since the guidance Continue Reading
Health and Welfare Considerations for Plan Sponsors Amid the COVID-19 Pandemic
The Bottom Line Employers should work closely with their ERISA counsel to ensure that their obligations with respect to health and welfare plans continue to be fulfilled, and that they are taking the appropriate steps to protect their employees and plans. As employers make changes to their Continue Reading
New Law Creates Data Breach Safe Harbor for Companies With Written Security Programs
The Bottom Line While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, Continue Reading
California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment
The Bottom Line California continues to take the most active role of any state in regulating privacy and imposing obligations on businesses. With the upcoming January 2020 deadlines for the CCPA and the proposed IoT law, business should continue — or begin, if they have not already done so — their Continue Reading
Employers Beware: New EU Data Law May Impact Employee Benefits
The Bottom Line GDPR is already in effect and fines could be levied for non-compliance. U.S. based employers should work with their legal counsel to review their plan participant population to determine whether GDPR applies and to ensure that GDPR's requirements are satisfied. May 25, 2018 was Continue Reading
South Dakota Becomes 49th State to pass Data Breach Notification Law
The Bottom Line A patchwork of state, federal and international rules impose data breach notification obligations on companies.Every company subject to these rules must have a data breach response plan in place that complies with each state's requirements. Once it becomes law, a bill passed Continue Reading