The CCPA could have major implications for employers, the workers’ comp industry, lawyers, medical record retrieval companies serving lawyers, & insurers.
This document summarizes new privacy laws and regulations in Massachusetts, including the Massachusetts Data Privacy Regulations that take effect March 1, 2010. It discusses requirements for developing a comprehensive written information security program under the new regulations, including designating a compliance officer, identifying risks, imposing security policies, overseeing vendors, and more. It also outlines specific computer system security requirements, such as encryption, firewalls, passwords, and employee training. Breach notification requirements are summarized, including when and how to notify individuals and the Attorney General of a breach.
The document summarizes hot topics in human resources, including provisions of the American Recovery and Reinvestment Act of 2009 related to unemployment benefits, health care technology funding, and COBRA subsidies. It also discusses recent changes to HIPAA regulations regarding privacy breaches and penalties as well as updates to FMLA rules. Additional legislative issues at the federal and state level are outlined.
CSI 2008, Legal Developments In Security and Privacy Law padler01
The document provides an overview of key developments in security and privacy law from November 2007 to November 2008. It discusses new and proposed federal and state legislation, federal agency rules and guidelines, and agency enforcement actions related to data security and privacy. Key topics covered include proposed amendments to regulations, new data breach notification laws in many states, and emerging state laws requiring businesses to implement data security programs.
This document provides an overview of the valuation of Superior Integrated Home Health Care Ltd., a home health agency that participates in the Medicare program. It discusses key characteristics of Medicare provider businesses that distinguish them from typical private businesses and impact their valuation. These include heavy regulation and compliance requirements, lack of contractual payment rights subjecting revenue to suspension or recoupment, lack of market forces determining prices, and risk of personal liability for owners.
The Interim Final Rules from the SBA provide greater clarity on loan forgiveness for small businesses participating in the Paycheck Protection Program (PPP)
Ftc As Enforcer Proposed Data Breach Notification Rule For Personal Health R...Davis Wright Tremaine LLP
The FTC issued an interim proposed health breach notification rule relating to personal health records to establish federal breach notification requirements. The rule would apply to personal health record vendors, related entities, and third-party service providers. It defines a breach as the acquisition of unsecured personal health record information without authorization. Covered entities must notify individuals of a breach within 60 days and in accordance with specific requirements for method and content of notification. The rule aims to harmonize requirements with HHS rules and expand the FTC's authority to enforce health privacy and security.
1) Health care organizations must strengthen internal compliance programs in response to increased DOJ and SEC enforcement of fraud and abuse. The DOJ now requires companies to provide all relevant facts about individual misconduct to receive cooperation credit.
2) The DOJ is prioritizing enforcement against schemes like inflated Medicare Advantage risk scores and false hospice certifications. Companies should focus compliance programs on these areas.
3) Whistleblower awards under Dodd-Frank have increased publicity and may impact public health care companies. Most SEC whistleblower award recipients first reported internally, so companies need reliable internal reporting systems.
This document summarizes new privacy laws and regulations in Massachusetts, including the Massachusetts Data Privacy Regulations that take effect March 1, 2010. It discusses requirements for developing a comprehensive written information security program under the new regulations, including designating a compliance officer, identifying risks, imposing security policies, overseeing vendors, and more. It also outlines specific computer system security requirements, such as encryption, firewalls, passwords, and employee training. Breach notification requirements are summarized, including when and how to notify individuals and the Attorney General of a breach.
The document summarizes hot topics in human resources, including provisions of the American Recovery and Reinvestment Act of 2009 related to unemployment benefits, health care technology funding, and COBRA subsidies. It also discusses recent changes to HIPAA regulations regarding privacy breaches and penalties as well as updates to FMLA rules. Additional legislative issues at the federal and state level are outlined.
CSI 2008, Legal Developments In Security and Privacy Law padler01
The document provides an overview of key developments in security and privacy law from November 2007 to November 2008. It discusses new and proposed federal and state legislation, federal agency rules and guidelines, and agency enforcement actions related to data security and privacy. Key topics covered include proposed amendments to regulations, new data breach notification laws in many states, and emerging state laws requiring businesses to implement data security programs.
This document provides an overview of the valuation of Superior Integrated Home Health Care Ltd., a home health agency that participates in the Medicare program. It discusses key characteristics of Medicare provider businesses that distinguish them from typical private businesses and impact their valuation. These include heavy regulation and compliance requirements, lack of contractual payment rights subjecting revenue to suspension or recoupment, lack of market forces determining prices, and risk of personal liability for owners.
The Interim Final Rules from the SBA provide greater clarity on loan forgiveness for small businesses participating in the Paycheck Protection Program (PPP)
Ftc As Enforcer Proposed Data Breach Notification Rule For Personal Health R...Davis Wright Tremaine LLP
The FTC issued an interim proposed health breach notification rule relating to personal health records to establish federal breach notification requirements. The rule would apply to personal health record vendors, related entities, and third-party service providers. It defines a breach as the acquisition of unsecured personal health record information without authorization. Covered entities must notify individuals of a breach within 60 days and in accordance with specific requirements for method and content of notification. The rule aims to harmonize requirements with HHS rules and expand the FTC's authority to enforce health privacy and security.
1) Health care organizations must strengthen internal compliance programs in response to increased DOJ and SEC enforcement of fraud and abuse. The DOJ now requires companies to provide all relevant facts about individual misconduct to receive cooperation credit.
2) The DOJ is prioritizing enforcement against schemes like inflated Medicare Advantage risk scores and false hospice certifications. Companies should focus compliance programs on these areas.
3) Whistleblower awards under Dodd-Frank have increased publicity and may impact public health care companies. Most SEC whistleblower award recipients first reported internally, so companies need reliable internal reporting systems.
This document discusses regulation and enforcement actions facing the prepaid calling card industry. It notes that regulation has tended to become more restrictive over time through the "ratchet effect." Recent enforcement focus has been on providers failing to pay regulatory fees, file required forms, and obtain necessary certifications. The FCC, state public service commissions, and attorneys general have all been investigating providers for issues like misleading marketing, lack of disclosures, and operating without proper authorization. The document advises providers to actively manage regulatory compliance to reduce legal risks and expenditures.
Sensible Care EMS Employee Training on HIPAA requires completion of training for all staff under HIPAA. HIPAA was enacted in 1996 to provide continuous health insurance coverage when changing jobs and reduce costs through standardized electronic transactions. It requires notifying patients of their privacy rights, adopting privacy procedures, training employees, designating a privacy officer, and securing records. Violations can result in civil or criminal penalties. The training program will cover what HIPAA does, who must follow it, protected health information, implementation dates, and why HIPAA is important.
This document summarizes various laws related to identity theft and data privacy, including the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Gramm-Leach-Bliley Act (GLBA), and state privacy laws. It notes that businesses can be held liable for identity theft that occurs in the workplace or when employee data is compromised. The document recommends implementing an identity theft protection program, appointing a compliance officer, developing security policies and training employees to help establish an "affirmative defense" in the event of data breaches or lawsuits.
Affirmative Defense Response System (ADRS)guest95afa8
Mitigating damages and reducing risk before, during and after a data breach occurs is what ADRS is all about. A system that shows "every good faith effort" at protecting the NonPublic Personal Information (NPI) of your customers, employees, and vendors as mandated by the FTC.
Impax fourth quarter and full year 2017 earnings call presentationimpax-labs
1. Impax Laboratories released its fourth quarter and full year 2017 results on March 1, 2018.
2. The document includes cautionary statements regarding forward-looking statements, noting risks and uncertainties that could cause actual results to differ from expectations.
3. It provides information for investors and shareholders on additional regulatory filings made with the SEC regarding the proposed business combination between Impax Laboratories and Amneal Pharmaceuticals.
The Tennessee Department of Commerce and Insurance is adopting new unfair claims settlement practice rules to provide minimum standards for claim investigations and dispositions. The new rules add definitions, require prompt acknowledgment and responses to claims, and establish timelines for claim activities. They also outline standards for fair property, auto, and life insurance claim settlements. The new rules are based on National Association of Insurance Commissioners models and were supported by the insurance industry.
The document summarizes new rules from the Department of Health and Human Services (HHS) regarding the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations. Key points include:
- The final rules were released in January 2013 and take effect in March 2013, with 180 days for compliance.
- The rules expand the definition of a business associate and hold business associates directly accountable for certain privacy and security provisions.
- Covered entities and business associates must update privacy policies, business associate agreements, and compliance plans regarding new provisions for uses of protected health information, breach notification, and enforcement.
- The rules establish new definitions for "unsecured protected health information" and clarify requirements for breach
This document discusses corporate compliance programs and fraud and abuse laws. It defines compliance as adhering to statutes and regulations to prevent unjust enrichment and privacy breaches. Fraud involves false representations while abuse involves improper practices that waste resources. Key laws discussed include the False Claims Act, Anti-Kickback Statute, Stark Law, and Civil Monetary Penalties. The document also outlines the roles of various government agencies in combating healthcare fraud and abuse.
The document discusses changes to HIPAA regulations taking effect on September 23, 2013 as a result of the HIPAA Omnibus Final Rule released in January 2013. It provides an overview of major provisions including expanded definitions of covered entities and business associates, new requirements for business associates and their subcontractors, strengthened breach notification rules, and modifications to the Privacy and Security Rules. The presentation aims to introduce healthcare organizations to the upcoming changes at a high level in preparation for the September 23rd compliance deadline.
The document provides a writing portfolio for Shelley M. Riseden that includes a blog post, article, persuasive article, and pleading. The blog post discusses New Jersey's anti-bullying law and defines harassment, intimidation, or bullying. The article describes exceptions to search warrant requirements such as consent searches and probable cause vehicle searches. The persuasive article analyzes how the Gramm-Leach-Bliley Act protects consumers' personal financial information. The pleading is a response to a motion to dismiss an administrative review complaint.
1) This document is a business associate agreement between a covered entity and business associate to comply with HIPAA regulations regarding protected health information.
2) It defines key terms like protected health information and electronic protected health information.
3) It outlines the responsibilities of both parties to only use and disclose PHI as permitted and to implement security measures to safeguard electronic PHI. The business associate must also report any unauthorized uses/disclosures or security incidents of PHI to the covered entity.
Business Continuity Protection ProgramJasonSchupp1
On May 21 the National Association of Mutual Insurance Companies (NAMIC), the American Property Casualty Insurance Association (APCIA), and the Independent Insurance Agents & Brokers of America, Inc. (Big “I") released their proposal to address future pandemics: The Business Continuity Protection Program (BCPP).
Using consumer reports: What employers need to knowFYI Screening
This document provides guidance for employers on complying with the Fair Credit Reporting Act (FCRA) when obtaining and using consumer reports for employment purposes. It outlines the steps employers must take before obtaining a report, before taking an adverse action based on a report, and after taking an adverse action. Employers must notify the applicant, obtain consent, certify FCRA compliance to the reporting company, provide notices and copies of reports if taking an adverse action, and properly dispose of reports once used.
Short presentation alerting physicians as to how the False Claims Act can affect their medical practice, including fines and exclusion from medicare and medicaid programs.
On 25 May 2018, the EU’s General Data Protection Regulation
(GDPR) came into effect and applies to all businesses – regardless of size - operating in the U.K., as well as all businesses outside the EU that collect or process the data of EU citizens and residents.
The purpose of this document is threefold:
1: Introduce the GDPR and highlight key pieces of the legislation
that should be front-of-mind for business owners
2: Lay out a path for businesses to follow to ensure compliance
by May 2018
3: Address questions put forward by businesses that completed
our GDPR survey
The document discusses the False Claims Act (FCA), which imposes liability for fraud committed against the federal government. It notes that FCA cases brought by whistleblowers and the government have increased substantially in recent years. The FCA created liability for various types of fraudulent conduct and applies to contractors who submit claims to or interact with the government. It also discusses theories of liability under the FCA, such as false certification, and the substantial penalties that can be imposed on entities found liable under the Act.
The General Data Protection Regulation (GDPR) is a new EU data protection law that takes effect in May 2018. It places greater obligations on organizations to protect personal data and privacy. The GDPR expands the definition of personal data, increases requirements for consent and transparency, strengthens individual rights, and imposes tougher fines for non-compliance. Businesses need to review their data protection practices, identify any risks, and make changes to policies and procedures to ensure compliance with the new law. Failure to comply could result in significant fines of up to 4% of global revenue.
The document provides an overview of key aspects of the General Data Protection Regulation (GDPR). It defines important terms, outlines citizens' rights, and discusses the three main pillars of GDPR: informing and obtaining consent, responsibility, and accountability. It also examines requirements around data protection officers, impact assessments, fines for noncompliance, and the top 10 operational impacts of GDPR implementation, such as data security, consent, cross-border transfers, and vendor management. The presentation aims to help organizations understand and comply with GDPR.
The California Consumer Privacy Act (CCPA) is a law that was signed on June 28, 2018, that established and promoted the consumer privacy rights and business obligations concerning the collection and sales of personal information of citizens of California. The CCPA came into effect on January 1st, 2020. Soon after in November 2020, Proposition 24, known as the California Privacy Rights Act of 2020 (CPRA) was introduced which is soon to replace the CCPA Compliance. CPRA is the updated version that expands the CCPA Compliance. The latest version can be more accurately described as an improvisation of the existing compliance framework with amendments and additions introduced in the provision. Explaining the amendments and new additions introduced, we have shared all the details of CCPA Compliance Vs CPRA Compliance in the article today. But before that let us learn and understand what exactly CPRA Compliance is.
California Consumer Protection Act - Insight from Sia Partners Daniel Connor
The document discusses the California Consumer Privacy Act (CCPA), comparing it to the European Union's General Data Protection Regulation (GDPR). Some key points:
- The CCPA aims to give California residents greater control over their personal data and impose requirements on companies that collect this information, similar to GDPR.
- It provides new privacy rights like access to personal data and opting out of data sales. Companies over $25M in revenue that collect data on over 50,000 Californians are affected.
- While CCPA and GDPR share similarities, compliance with one does not guarantee compliance with the other due to differences in things like governance frameworks and consent rules.
The document provides an overview of the California Privacy Rights Act (CPRA) which modifies the previous California Consumer Privacy Act (CCPA). Key points:
- The CPRA expands consumer privacy protections, strengthens data rights, and establishes the California Privacy Protection Agency to enforce the law.
- It applies to businesses that collect personal data of California residents and meet certain criteria for revenue, data collection, or common branding.
- The law goes into effect January 1, 2023 and applies retroactively to data collected after January 1, 2022. It grants consumers expanded rights over their data.
- Businesses must comply with regulations around data collection, use and sharing, security, access and
This document discusses regulation and enforcement actions facing the prepaid calling card industry. It notes that regulation has tended to become more restrictive over time through the "ratchet effect." Recent enforcement focus has been on providers failing to pay regulatory fees, file required forms, and obtain necessary certifications. The FCC, state public service commissions, and attorneys general have all been investigating providers for issues like misleading marketing, lack of disclosures, and operating without proper authorization. The document advises providers to actively manage regulatory compliance to reduce legal risks and expenditures.
Sensible Care EMS Employee Training on HIPAA requires completion of training for all staff under HIPAA. HIPAA was enacted in 1996 to provide continuous health insurance coverage when changing jobs and reduce costs through standardized electronic transactions. It requires notifying patients of their privacy rights, adopting privacy procedures, training employees, designating a privacy officer, and securing records. Violations can result in civil or criminal penalties. The training program will cover what HIPAA does, who must follow it, protected health information, implementation dates, and why HIPAA is important.
This document summarizes various laws related to identity theft and data privacy, including the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Gramm-Leach-Bliley Act (GLBA), and state privacy laws. It notes that businesses can be held liable for identity theft that occurs in the workplace or when employee data is compromised. The document recommends implementing an identity theft protection program, appointing a compliance officer, developing security policies and training employees to help establish an "affirmative defense" in the event of data breaches or lawsuits.
Affirmative Defense Response System (ADRS)guest95afa8
Mitigating damages and reducing risk before, during and after a data breach occurs is what ADRS is all about. A system that shows "every good faith effort" at protecting the NonPublic Personal Information (NPI) of your customers, employees, and vendors as mandated by the FTC.
Impax fourth quarter and full year 2017 earnings call presentationimpax-labs
1. Impax Laboratories released its fourth quarter and full year 2017 results on March 1, 2018.
2. The document includes cautionary statements regarding forward-looking statements, noting risks and uncertainties that could cause actual results to differ from expectations.
3. It provides information for investors and shareholders on additional regulatory filings made with the SEC regarding the proposed business combination between Impax Laboratories and Amneal Pharmaceuticals.
The Tennessee Department of Commerce and Insurance is adopting new unfair claims settlement practice rules to provide minimum standards for claim investigations and dispositions. The new rules add definitions, require prompt acknowledgment and responses to claims, and establish timelines for claim activities. They also outline standards for fair property, auto, and life insurance claim settlements. The new rules are based on National Association of Insurance Commissioners models and were supported by the insurance industry.
The document summarizes new rules from the Department of Health and Human Services (HHS) regarding the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations. Key points include:
- The final rules were released in January 2013 and take effect in March 2013, with 180 days for compliance.
- The rules expand the definition of a business associate and hold business associates directly accountable for certain privacy and security provisions.
- Covered entities and business associates must update privacy policies, business associate agreements, and compliance plans regarding new provisions for uses of protected health information, breach notification, and enforcement.
- The rules establish new definitions for "unsecured protected health information" and clarify requirements for breach
This document discusses corporate compliance programs and fraud and abuse laws. It defines compliance as adhering to statutes and regulations to prevent unjust enrichment and privacy breaches. Fraud involves false representations while abuse involves improper practices that waste resources. Key laws discussed include the False Claims Act, Anti-Kickback Statute, Stark Law, and Civil Monetary Penalties. The document also outlines the roles of various government agencies in combating healthcare fraud and abuse.
The document discusses changes to HIPAA regulations taking effect on September 23, 2013 as a result of the HIPAA Omnibus Final Rule released in January 2013. It provides an overview of major provisions including expanded definitions of covered entities and business associates, new requirements for business associates and their subcontractors, strengthened breach notification rules, and modifications to the Privacy and Security Rules. The presentation aims to introduce healthcare organizations to the upcoming changes at a high level in preparation for the September 23rd compliance deadline.
The document provides a writing portfolio for Shelley M. Riseden that includes a blog post, article, persuasive article, and pleading. The blog post discusses New Jersey's anti-bullying law and defines harassment, intimidation, or bullying. The article describes exceptions to search warrant requirements such as consent searches and probable cause vehicle searches. The persuasive article analyzes how the Gramm-Leach-Bliley Act protects consumers' personal financial information. The pleading is a response to a motion to dismiss an administrative review complaint.
1) This document is a business associate agreement between a covered entity and business associate to comply with HIPAA regulations regarding protected health information.
2) It defines key terms like protected health information and electronic protected health information.
3) It outlines the responsibilities of both parties to only use and disclose PHI as permitted and to implement security measures to safeguard electronic PHI. The business associate must also report any unauthorized uses/disclosures or security incidents of PHI to the covered entity.
Business Continuity Protection ProgramJasonSchupp1
On May 21 the National Association of Mutual Insurance Companies (NAMIC), the American Property Casualty Insurance Association (APCIA), and the Independent Insurance Agents & Brokers of America, Inc. (Big “I") released their proposal to address future pandemics: The Business Continuity Protection Program (BCPP).
Using consumer reports: What employers need to knowFYI Screening
This document provides guidance for employers on complying with the Fair Credit Reporting Act (FCRA) when obtaining and using consumer reports for employment purposes. It outlines the steps employers must take before obtaining a report, before taking an adverse action based on a report, and after taking an adverse action. Employers must notify the applicant, obtain consent, certify FCRA compliance to the reporting company, provide notices and copies of reports if taking an adverse action, and properly dispose of reports once used.
Short presentation alerting physicians as to how the False Claims Act can affect their medical practice, including fines and exclusion from medicare and medicaid programs.
On 25 May 2018, the EU’s General Data Protection Regulation
(GDPR) came into effect and applies to all businesses – regardless of size - operating in the U.K., as well as all businesses outside the EU that collect or process the data of EU citizens and residents.
The purpose of this document is threefold:
1: Introduce the GDPR and highlight key pieces of the legislation
that should be front-of-mind for business owners
2: Lay out a path for businesses to follow to ensure compliance
by May 2018
3: Address questions put forward by businesses that completed
our GDPR survey
The document discusses the False Claims Act (FCA), which imposes liability for fraud committed against the federal government. It notes that FCA cases brought by whistleblowers and the government have increased substantially in recent years. The FCA created liability for various types of fraudulent conduct and applies to contractors who submit claims to or interact with the government. It also discusses theories of liability under the FCA, such as false certification, and the substantial penalties that can be imposed on entities found liable under the Act.
The General Data Protection Regulation (GDPR) is a new EU data protection law that takes effect in May 2018. It places greater obligations on organizations to protect personal data and privacy. The GDPR expands the definition of personal data, increases requirements for consent and transparency, strengthens individual rights, and imposes tougher fines for non-compliance. Businesses need to review their data protection practices, identify any risks, and make changes to policies and procedures to ensure compliance with the new law. Failure to comply could result in significant fines of up to 4% of global revenue.
The document provides an overview of key aspects of the General Data Protection Regulation (GDPR). It defines important terms, outlines citizens' rights, and discusses the three main pillars of GDPR: informing and obtaining consent, responsibility, and accountability. It also examines requirements around data protection officers, impact assessments, fines for noncompliance, and the top 10 operational impacts of GDPR implementation, such as data security, consent, cross-border transfers, and vendor management. The presentation aims to help organizations understand and comply with GDPR.
The California Consumer Privacy Act (CCPA) is a law that was signed on June 28, 2018, that established and promoted the consumer privacy rights and business obligations concerning the collection and sales of personal information of citizens of California. The CCPA came into effect on January 1st, 2020. Soon after in November 2020, Proposition 24, known as the California Privacy Rights Act of 2020 (CPRA) was introduced which is soon to replace the CCPA Compliance. CPRA is the updated version that expands the CCPA Compliance. The latest version can be more accurately described as an improvisation of the existing compliance framework with amendments and additions introduced in the provision. Explaining the amendments and new additions introduced, we have shared all the details of CCPA Compliance Vs CPRA Compliance in the article today. But before that let us learn and understand what exactly CPRA Compliance is.
California Consumer Protection Act - Insight from Sia Partners Daniel Connor
The document discusses the California Consumer Privacy Act (CCPA), comparing it to the European Union's General Data Protection Regulation (GDPR). Some key points:
- The CCPA aims to give California residents greater control over their personal data and impose requirements on companies that collect this information, similar to GDPR.
- It provides new privacy rights like access to personal data and opting out of data sales. Companies over $25M in revenue that collect data on over 50,000 Californians are affected.
- While CCPA and GDPR share similarities, compliance with one does not guarantee compliance with the other due to differences in things like governance frameworks and consent rules.
The document provides an overview of the California Privacy Rights Act (CPRA) which modifies the previous California Consumer Privacy Act (CCPA). Key points:
- The CPRA expands consumer privacy protections, strengthens data rights, and establishes the California Privacy Protection Agency to enforce the law.
- It applies to businesses that collect personal data of California residents and meet certain criteria for revenue, data collection, or common branding.
- The law goes into effect January 1, 2023 and applies retroactively to data collected after January 1, 2022. It grants consumers expanded rights over their data.
- Businesses must comply with regulations around data collection, use and sharing, security, access and
Sia Partners_CCPA 2018_The American GDPRLoïc Vachon
The California Consumer Privacy Act (CCPA) aims to strengthen data privacy for California residents. It gives consumers new rights over their personal data and requires businesses to be more transparent about data collection and usage. While similar to Europe's GDPR, CCPA only applies to California currently. Businesses need to assess if CCPA applies to them and ensure their practices comply with its requirements, such as responding to consumer data requests. Non-compliance can result in fines of up to $750 per violation.
California Consumer Protection Act - Insight from Sia Partners Daniel Connor
This Insight article describes the requirements of the new law applicable to California residents as well as comparing it to the new European standards in GDPR.
Future-Proof Your Workplace Privacy Approach for CPRA and BeyondTrustArc
The California Privacy Rights Act (CPRA) is coming fast and even companies currently complying with the California Consumer Privacy Act (CCPA) will face new challenges, including the protection of human resource (HR) data, something previously exempt under the CCPA.
Before the CPRA comes into effect, HR professionals need to be prepared to understand and comply with this new legislation. While employers’ were previously obligated to provide disclosure notices, they will now be required to provide their employees with the right to access, correct, and delete data.
Explore what employers need to consider to be compliant with CPRA.
The document compares key provisions of the proposed American Data Privacy and Protection Act (ADPPA) and California's Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Some of the key differences highlighted include:
1) ADPPA has stronger data minimization requirements and places stricter limits on the collection and use of sensitive data.
2) CCPA/CPRA provide stronger protections against future amendments that could weaken privacy, while ADPPA allows Congress to amend it.
3) ADPPA prohibits discriminatory uses of data and requires algorithmic impact assessments, while CCPA has no such protections.
4) Both laws have similar requirements
The document discusses California's new privacy law called the California Consumer Privacy Act (CCPA) which gives California residents the right to access information about what personal data companies have collected about them and how it is shared. It was inspired by Europe's GDPR law. While similar to GDPR, CCPA has some differences in terms of what entities it covers, penalties for non-compliance, and consumer rights. The document advises companies to proactively prepare for CCPA compliance now rather than waiting, as it will require significant changes to their data practices and procedures. A multi-stage process for compliance preparation is outlined that includes assessing current data use and policies, building consumer access and consent tools, and finalizing the compliance
What to expect from the New York Privacy ActVISTA InfoSec
In the recently proposed bill of the New York Privacy Act in the House and Senate, businesses may soon have to gear up for this new data privacy law. If enforced, the law may severely impact businesses, restricting their operations in the way how they collect, use and share consumer’s personal information throughout the State.
Key additions and amendments introduced under the CPRAVISTA InfoSec
On November 3rd, 2020, the California Privacy Right Act was passed as the latest version of the California Consumer Privacy Act which recently came into effect on the 1st of July, 2020. CPRA brings significant amendments and additions to the rules of Data Privacy outlined in the CCPA Compliance. Declaring its enforcement in 2023, the CPRA introduced some new concepts to Data Privacy in California. With new additions and amendments, the CPRA bridges certain potential loopholes in the previous version of CCPA, making the law stringent. Further, introducing the amendments and new additions to the provision has taken this Data Privacy law closer to the EU’s GDPR standard. Let us today through this article take a look at the new provisions introduced and understand the amendments in the Data Privacy Standard.
The document discusses the requirements for corporate compliance programs according to federal and state laws. It notes that health care entities that bill or pay out over $5 million annually in Medicaid must establish a compliance program. The focus of compliance programs is ethics, integrity, and compliance with fraud and abuse laws. Key components of compliance programs include a compliance officer, training, and anonymous reporting mechanisms. The document reviews several federal and state laws pertaining to fraud, kickbacks, and false claims. Employees' responsibilities to adhere to compliance policies and report any issues are emphasized.
Bipartisan_Privacy_Discussion_Draft_Section_by_Section39.pdfInternet Law Center
This document provides a section by section summary of proposed legislation called the American Data Privacy and Protection Act. Some key points:
- It would establish definitions for terms like "covered entity", "covered data", and "sensitive covered data". Covered entities would include companies that collect or process personal data.
- It outlines various individual rights for access, correction, deletion and data portability of personal data. Covered entities would need to provide transparency into their data practices and privacy policies.
- It establishes duties for covered entities around data minimization, security, and "privacy by design". It restricts certain uses of sensitive data and requires consent for things like targeted advertising.
- It addresses issues like third
California Consumer Privacy Act: What your brand needs to knowOgilvy Health
The California Consumer Privacy Act (CCPA) is landmark data privacy legislation that takes effect on January 1, 2020. It gives California residents expanded rights over their personal data collected by businesses. These include the right to know what data is collected and how it is used, the right to say no to the sale of personal data, and the right to access and delete personal data. The CCPA applies to for-profit businesses that collect personal data of California residents and meet certain revenue or data thresholds. Non-compliance can result in fines of up to $7,500 per violation. Companies need to audit their data practices, get proper consent, and update privacy policies to comply with the CCPA.
Health Reform Bulletin 125 | Updated Employer Shared Responsibility Guidance,...CBIZ, Inc.
The latest HRB has been released. Get updates on the following: 1) Updated Employer Shared Responsibility Guidance; 2) ACA Implementation Guidance; 3) Gender Identity Discrimination: Preliminary Injunction Issued; 4) Final Rules - Premium Tax Credit; and 5) 2018 Benefit and Payment Parameters.
Cybersecurity, Privacy and Data Security from a Business Lawyer's PerspectiveData Con LA
Data Con LA 2020
Description
The presentation includes a discussion of data breach cases and the takeaways from these cases, i.e., that no companies (large, medium or small) are immune from liability. I discuss the potential impact of a data breach on a business and the steps that businesses can take to protect themselves along the timeline of a breach (i.e, before, during and after.) I discuss the FTC's role in the regulation and enforcement of actions related to data security and data breaches, and talk about the commercially reasonable standard that the FTC applies to determine liability, what that standard means from a legal perspective, and how it relates to data security measures and cyber insurance. I present examples of practices that the FTC has found to be commercially unreasonable and discuss what security experts have deemed to be some of the best practices when it comes to data security. I also discuss businesses' liability for their vendor's data breaches, cyber insurance and current and future data security and privacy regulations and legislation including the GDPR and CCPA.
The objectives of the presentation are to:
1) ensure that attendees know that they are exposed to risk in the area of cybersecurity and data breaches;
2) provide them with information to minimize that risk;
3) make them aware of current and expected privacy laws and regulations; and
4) provide pragmatic, specific actionable information to help enable them to comply with their legal obligations.
Speaker
Kathy Winger, Law Offices of Kathy Delaney Winger, Attorney/Owner
This document discusses the importance of employment screening for organizations. It notes that most employers spend more on office equipment than screening prospective employees. However, robust screening prevents risks like hiring dangerous people, liability for negligent hiring, and damage from theft or sabotage. The document provides an overview of common forms of resume and application fraud. It also outlines the business case for screening, including reducing turnover and costs from poor hires. Finally, it discusses regulations around screening and the need for legal compliance.
HIPAA Security Rule application to Business Associates heats upDavid Sweigert
The HITECH Act expanded HIPAA privacy and security rules in several key ways:
1) It made business associates directly subject to HIPAA rules and require them to sign business associate agreements, protect PHI, and notify covered entities of breaches.
2) It required covered entities and business associates to notify individuals and government of any breaches of unsecured PHI.
3) It strengthened individual rights to access their electronic health records and accounting of disclosures, and required covered entities to agree to restrictions on disclosures to health plans.
4) It prohibited the sale of PHI by covered entities and business associates without authorization and placed restrictions on marketing communications.
5) It
This course provides an overview of whistleblower protections for employees who blow the whistle on cybersecurity or data privacy concerns. And it offers practical tips and insights for practitioners on how to evaluate potential cybersecurity whistleblower claims and overlapping remedies to maximize damages. In addition, the course addresses the challenging issues that arise when a whistleblower simultaneously prosecutes both whistleblower retaliation and whistleblower rewards claims.
Health Reform Bulletin: Certification of Compliance with Electronic Transacti...CBIZ, Inc.
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California consumer privacy act and its impact on california employers
1. California Consumer
Privacy Act and Its
Impact on California
Employers
The CCPA could have major implications for employers, the workers’ comp industry,
lawyers, medical record retrieval companies serving lawyers, & insurers.
Medical Record Review
8596 E. 101st Street, Suite H
Tulsa, OK 74133
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Close on the foot of the General Data Protection Regulation (GDPR) of the European Union that
became effective on May 25, 2018, California has become the first U.S. state to introduce its
own suite of consumer privacy rules – the California Consumer Privacy Act (CCPA). This Act
was signed into law on June 28, 2018 by Gov. Jerry Brown and contains many provisions aimed
at strengthening consumers’ privacy rights. The CCPA becomes effective on January 1, 2020
and is expected to be the most expansive privacy law currently in the United States, in some
ways. What impact will the new law have on the rights of employees and programs such as
workers’ compensation in an organization? As a welfare program for the employees, workers’
compensation pays benefits to workers injured at the workplace. The benefits are granted based
on a comprehensive Medical Records Analysis and evaluation of the circumstances under which
the injury occurred. The CCPA will affect employers across the United States as well as on a
global level and encourage legislation similar to it in other states. For instance, a group of
senators in Washington state introduced the Washington Privacy Act SB 5376 (WPA), which
would establish requirements similar to that of GDPR on businesses that collect personal
information related to residents of Washington. Apart from requirements for notice, and
consumer rights including access, rectification, and deletion, the WPA would put restrictions on
the use of automatic profiling and facial recognition.
Since the CCPA’s implementation date is approaching fast and taking into account the fact that
certain provisions may reach back prior to the effective date, businesses must start preparing as
soon as possible. So, here are some facts to know about the CCPA, how it applies to employee
personal information and how business owners can stay compliant.
Businesses the CCPA applies to: Any business entity in the State of California that
satisfies one or more of the following conditions is bound by the new law:
Annual gross revenue in excess of $25 million
Alone or in combination, annually buys, receives for the business’s commercial
purposes, sells, or shares for commercial purposes, alone or in combination, the
personal information of 50,000 or more consumers, households, or devices
Derives 50 percent or more of its annual revenues from selling consumers’
personal information.
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The Act would apply to any business that controls or is controlled by another business that meets
the above criteria and shares common branding with the former. This could have wide-reaching
implications for franchised businesses and subsidiaries. The law aims to reach businesses that
handle significant amounts of data and smaller companies may also be included in this. Also,
businesses with small operations in California and meet one of the above requirements will have
significant privacy obligations concerned with those operations.
Employee rights under the CCPA: The CCPA’s definition of consumer (a resident of
California) may extend to personal information of California residents maintained by
employers and may include job applicants, temporary workers, full- or part- time
workers, volunteers, interns, independent contractors and even their dependents or
beneficiaries. Under this Act, employees are consumers and have the same rights as any
California consumer such as the following.
Notice, disclosure and non-waiver: Employers must inform employees about the
categories of personal information collected and the purpose of the collection at or
before collecting the information. No additional categories of information can be
collected without prior notice. When employees’ personal information is sold or
disclosed to third parties for “business purposes” that include disclosures to
benefit providers, payroll vendors and others, employees must be notified of the
same. In their agreements with service providers, employers must strictly prohibit
any unauthorized use or sale of employee information other than specified
processing purposes. Employers cannot ask their employees to contractually
waive any rights ensured by the CCPA. There are specific requirements as regards
how employees must be notified of and may exercise their CCPA rights such as
toll-free numbers to submit requests and clear and conspicuous links titled “Do
Not Sell My Personal Information.”
Access to data: Employees can request that employers disclose the categories of
personal information collected about them and the specific personal information
collected. Once the request is verified, employers must provide the information
within 45 days and free of charge, with a limit of no more than 2 requests in a 12-
month period.
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Deletion of personal data: Employees can also request that their personal
information be deleted. However, employers can retain any information necessary
for performance of the employment contract; or if the information is required only
for internal purposes related to security, First Amendment rights and other uses
described in Cal. Civ. Code § 1798.105(d) et seq.
Opt-out option: Employees have the right to opt out of the sale of their personal
information, wherein “sale” comes under the CCPA’s broad definition. Covered
employers must be cautious regarding this broad definition when signing
corporate deals or when engaging third-party service providers that could involve
the transfer of sensitive personal data.
No discrimination: Employers cannot discriminate or retaliate against employees
who exercise their rights under the CCPA.
CCPA may not apply to all data collected for administration of employee benefits:
The CCPA provides certain exemptions that may exclude certain benefit plan data – i.e.
plans subject to the HIPAA privacy and security regulations and include medical plans,
dental plans, and health flexible spending arrangements. Medical information that an
employer receives in connection with a Family and Medical Leave Act certification,
Americans with Disabilities Act reasonable accommodation, workers’ compensation
claims and employer’s group health plan. There are many other kinds of employee
benefits such as life and disability insurance plans, pension and 401(k) plans, tuition
assistance programs, employee discount programs, wellness programs, transportation
fringe benefit programs and others. Some of these programs may involve plans that may
be subject to ERISA (Employee Retirement Income Security Act of 1974), which pre-
empts certain state laws to the extent such laws relate to ERISA-covered employee
benefit plans. CCPA and such laws could complicate the national administration of such
plans.
Employers could face sanctions if they fail to comply with CCPA: Employees in
California may institute a civil action under CCPA if certain types of non-encrypted or
non-redacted personal data is subject to unauthorized access, theft, exfiltration, or
disclosure as a result of the employer’s violation of a duty to implement and maintain
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reasonable security measures and practices appropriate to protect the personal
information.
The employee is not required to show any actual injury or harm to maintain a civil
action.
Actionable personal information is limited to social security numbers, driver’s
license numbers, and medical and financial information. It is not extended to the
broader categories of information mentioned in the CCPA’s “personal
information” definition.
The employee must provide the business 30 days’ written notice of the alleged
violation to allow the business to rectify the defect. If the defect is set right and
the business does so within the 30-day window, no damages for individual or
class-wide actions may be initiated.
If the employee initiates an action for actual pecuniary damages resulting from the
breach or unauthorized access of their personal data, the above notice is not
required.
The employee must notify the California Attorney General’s office within 30 days
of filing any action. This is to give the office an opportunity to prosecute rather
than allowing the civil action to proceed.
What happens to collected employee data if the business is acquired: If there is a
merger, acquisition or bankruptcy and a third party assumes control of all or part of the
business, then the employees’ personal information may be part of business assets
transferred to the third party. Though this type of transfer is not considered a sale of
personal information under the CCPA, if the third party materially alters how it uses or
discloses the employee’s personal information and that use or disclosure is materially
inconsistent with the notice provided to the employee at the time of collection, the third
party must provide the employee with prior notice of the changed practices.
What happens to employee data if the employee is no longer a resident of California:
If an employee moves or is transferred to somewhere outside of California, he/she may
not be protected by the CCPA. However, the employee’s personal information may be
protected by other laws and the organization may still have the same or even increased
obligation to protect the worker’s data.
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CCPA’s interaction with federal, state, or local laws: The CCPA specifies that its
obligations are a matter of state-wide concern in California and supersede and pre-empt
all rules and regulations, codes, ordinances, and other laws adopted by a city, county,
municipality, or local agency regarding the collection and sale of a consumer’s personal
information by a business. The Act also makes it clear that its obligations shall not
restrict a business’s ability to comply with federal, state, local laws or regulations.
Though the CCPA is drafted to supplement federal and state law, it shall not apply if it is
pre-empted by or is in conflict with federal law, the United States Constitution, or the
California Constitution.
What Steps Can Businesses Take?
Now is the time for organizations in California to closely monitor developments with regard to
the Act and start considering whether employees’ personal information is impacted. Also, they
have to determine:
Whether the company is covered and if so, whether it will separately address
California employees
When and how to update employee data to address the information requirements
How to structure a process for data access requests from employees
Whether additional contractual language is required with any third parties,
including vendors, receiving employee personal information to exert better
control on how those third parties utilize the sensitive employee data they receive
What system modifications and awareness training will be needed to implement
the above-mentioned things
California Legislature may consider legislation in 2019 before the implementation date to
address any meaningful and technical issues identified in the Act. The workers’ compensation
industry, workers’ comp lawyers, social security lawyers, medical record retrieval companies
handling medical data for these lawyers, insurance companies and other stakeholders need to
watch out for developments related to the CCPA. In fact, many insurers, employers and defense
firms are concerned as to how this law could expose them to liability for data breaches and
problems with information security. An important consideration now is whether your company