Electronic medical records and other “Big Data” technologies have vastly improved medical research capabilities, while also causing concern about the privacy of research subjects. Attorney Kristen Rosati recently discussed these patient privacy concerns in a presentation at the National Academies of Sciences, National Cancer Policy Forum’s workshop on Applying Big Data to Address the Social Determinants of Health in Oncology. One of the nation’s leading Big Data and HIPAA compliance attorneys, Kristen explained the connection among numerous privacy laws, including HIPAA, state privacy laws, and the European Union General Data Protection Regulation, noting differences in how personal health information is handled and de-identified for research purposes.  Kristen has deep experience in data sharing for research and clinical integration initiatives, clinical research compliance, and biobanking and genomic privacy, and is a...

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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

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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Melissa Soliz and Erin Dunlap Discuss Healthcare Records Access During State Bar of Arizona’s Workers’ Compensation Program

Melissa Soliz and Erin Dunlap recently shared their expertise in health care data privacy in a presentation to fellow lawyers at the State Bar of Arizona’s annual Workers’ Compensation Program in Prescott.  The presentation began with an overview of HIPAA, breaking down relevant HIPAA exceptions related to workers’ compensation cases. Mel and Erin then provided historical background on 42 C.F.R. Part 2, which regulates substance use disorder records, explaining how to determine if Part 2 applies to workers’ compensation issues. They also touched on considerations related to state privacy laws and shared case examples to illustrate how a real workers’ compensation situation could play out. The presentation triggered interesting dialogue among the attendees, highlighting the importance of this topic in the worker’s compensation context.    Melissa focuses her practice on...

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Coppersmith Brockelman Attorney Scott Bennett discussed CCPA in an article for Az Business

The California Consumer Privacy Act (CCPA) goes into effect on January 1, requiring changes to how companies handle the personal information of customers who live in California. In an article for Az Business, attorney Scott Bennett answered key questions about CCPA and explained how it affects Arizona businesses and consumers.  Scott touched on which businesses the law applies to, what constitutes “personal information” as well as a business’ obligations under CCPA. He also noted the potential consequences of violating the law and outlined steps to ensure compliance.   Scott has extensive experience assisting clients in health care and other industries with information privacy and security. He helps clients work to prepare for and avoid data breaches, and to comply with federal and state breach laws if a security incident occurs....

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The Phoenix Business Journal included Coppersmith Brockelman in its list of the Valley’s top Phoenix-area employment law practices. With a team of five employment law attorneys, the firm ranked No. 19 out of 31 firms.  Coppersmith Brockelman’s employment law team has proven success counseling employers to avoid disputes and craft thorough, creative strategies when disputes do arise. The firm is a sought-after local stand-out, representing employers large and small.  This list is part of the Business Journal’sweekly ranking of top companies in a variety of industries. View the full list of firms here. Learn more about Coppersmith Brockelman’s employment law practice. ...

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