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Impending HIPAA audits will focus on risk analysis and training
Now that the U.S. Department of Health and Human Services finally appears to be moving ahead with its HIPAA audit program, health plans and other covered entities need to be preparing documentation and shoring up their risk analysis and training, among other things, HIPAA experts suggested in recent webinars. “They’ve been talking about it for […]
CBO: Fewer employers would offer insurance under Obamacare replacement
On March 13, the nonpartisan Congressional Budget Office (CBO) released its cost estimate of the effects of the proposed Affordable Care Act (ACA) repeal and replace legislation. Deficits down, but number of uninsured up According to the CBO and the Joint Committee on Taxation (JCT): The legislation would reduce federal deficits by $337 billion from […]
Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test
When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]
Individual privacy rights trumped by union’s freedom of expression
By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]
Immigration: We Just Learned an Employee Is an Illegal Immigrant; What Do We Do Now?
We did all of the correct hiring processes, including a background check and a credit report, on one of our employees and later found out that he is an illegal immigrant. He has lived in the U.S. illegally for 15 years and has a Social Security card but no driver’s license or passport. But because […]
Northern Exposure now with Fasken Martineau
by Brian Smeenk Just as Americans are considering how much change will occur in the context of the current election season, lots of change is happening north of the 49th parallel in the labor and employment field. Not the least of which, from the perspective of this publication, is a change in law firm affiliation. […]
Urban Institute Criticizes Use of Stop-Loss Insurance by Small Employers
If small companies self-insure their health plans and in doing so can get stop-loss coverage with very low attachment points, they could siphon healthy lives away from the new insurance market designed by health reform to insure millions of new lives, the Urban Institute warned in a April 2013 report. The Institute explained that low […]
Tell the IRS What You Think of Changes Affecting LTC Insurance
Do you offer long-term care (LTC) insurance to your employees? If so, and the changes the Pension Protection Act of 2006 (PPA) made to the tax and information reporting requirements affecting some LTC coverage apply, you can offer your two cents’ worth to the IRS. The PPA amended the tax rules for qualified LTC insurance, […]
DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim
The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing in-home care franchise owners. If the proposal is implemented as planned, the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]