What All U.S. Businesses Need to Know About the California Consumer Privacy Act

What All U.S. Businesses Need to Know About the California Consumer Privacy Act

A new California privacy law goes into effect on January 1, and it will require major changes in how many companies in Arizona – and the rest of the United States – handle consumers’ personal information. The California Consumer Privacy Act (CCPA) applies far beyond companies with a physical presence in California. It can apply to any company that simply does business in California, which can include providing goods or services to California residents. In today’s mobile and global society, that’s an astounding number. One privacy organization estimates that the CCPA will apply to 500,000 companies in the United States, including many small- and medium-sized businesses. The groundbreaking legislation expands privacy rights for consumers and changes the way businesses disclose and use personal information. Here, we’ll cover which businesses...

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It’s Time …. For Overtime Pay Regulation

It’s Time …. For Overtime Pay Regulation

The U.S. Department of Labor (DOL) recently announced its long-awaited final rule updating the salary threshold for executive, administrative, and professional employees who are classified as exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). These are often referred to as the “white collar” exemptions. The new rule will take effect on January 1, 2020. What is the new minimum salary? Earlier this year, the DOL released a proposed rule that would have raised the minimum salary level for white collar exempt employees to $679 per week, or $35,308 per year. After evaluating compensation data and considering many thousands of public comments, the DOL increased those figures slightly in the final rule. The new salary threshold will be $684 per week,...

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Kristen Rosati Discusses Limitations of EMR Software, Benefits of Advanced HIPAA Training with Healthcare Risk Management

Among the nation’s top HIPAA compliance and “Big Data” attorneys, Kristen Rosati discussed the limitations of electronic medical record (EMR) software and the need for advanced HIPAA training in hospitals with Healthcare Risk Management. Kristen joined other law, technology, and compliance professionals in discussing the need for HIPAA training and audits after a Chicago hospital reportedly fired more than 50 employees in response to improper access of actor Jussie Smollett’s medical records. Kristen noted that while some EMR software has good role-based limitations for employees, it cannot determine if a user who has treatment access to files has a treatment relationship with a particular patient. Kristen explained that stopping infractions before they occur is nearly impossible, but audits do reveal when employees have accessed medical records that they shouldn’t have. She also shared that since HIPAA became law...

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Melissa Soliz Discusses Impact of Extended Comment Period for Proposed Rules on Interoperability, Information Blocking in AHLA Bulletin

Melissa Soliz shared her expertise in information blocking and electronic health records rules, regulations, and compliance in a bulletin for members of the American Health Lawyers Association (AHLA). On April 19, 2019, the U.S. Department of Health and Human Services extended the comment period for two proposed rules related to promoting interoperability of electronic health information. Melissa and co-author Rebecca Frigy Romine of Polsinelli PC broke down each rule, including what health lawyers need to know about the impact of these rules on health care organizations. The first proposed rule, from the Office of the National Coordinator for Health Information Technology, addresses interoperability, information blocking, and the ONC Health IT Certification Program. The second rule, proposed by the Centers for Medicare & Medicaid Services, addresses patient protection and the Affordable Care Act for multiple branches of Medicare and Medicaid programs including...

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Scott Bennett Co-edits AHLA Briefing on Best Practices for Health Care Organizations Using Connected Devices

Drawing on his expertise in cybersecurity and health care, Scott Bennett served as a co-editor of “Connected Devices in Health Care,” a briefing for the American Health Lawyers Association’s (AHLA) Health Information and Technology Practice Group. Authored by a group of AHLA members, the briefing offers an in-depth look at the legal implications of using connected devices in health care, including the security of health information, risks to patient health and safety, due diligence in selecting a connected device, and contracting issues. The briefing recommends numerous strategies and best practices for health care organizations to manage these risks. Working in concert with co-editors Elizabeth F. Hodge of Akerman LLP and Gerard M. Nussbaum of Zarach Associates LLC, Scott ensured the briefing provided the most accurate, up-to-date information to help practice group members...

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Jill Chasson Discusses Human Resources Risks, Mistakes with In Business Magazine

Jill Chasson broke down common human resources mistakes small business owners make in an interview with In Business Magazine. Jill joined other local experts to discuss common risks in all facets of running a small business, from finances to HR to management. Jill noted that businesses often run into issues when they misclassify employees as independent contractors, misunderstand exempt and non-exempt classifications, and when they do not keep detailed employee records. Jill focuses on helping businesses of all sizes in a variety of industries with their employment law needs. She provides practical advice to employers regarding compliance with the many federal and state laws that govern the workplace and regularly provides training for supervisors and human resource professionals. When disputes arise, Jill represents employers before administrative...

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