This year, the U.S. Department of Health and Human Services (HHS) strengthened the privacy and security protections afforded protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations took effect on March 26, 2013. Startups, medical organizations and Business Associates had until September 23, 2013 to fully comply.
If your company is still trying to figure out compliance, be aware of the following changes to the law that may affect your business.
GAMABrief: Preparing for the Capital Gains Tax HikeChristina Gagnier
Tax season is just around the corner and changes to the capital gains tax rates will affect taxpayers filing their returns at the beginning of 2014. If you sold capital assets during 2013, you might be subject to the increased rates. This brief provides important information on preparing for the capital gains tax hike.
Capital gains tax is the tax on capital asset profits—the profit made from selling an item bought for personal investment. On January 1, 2013, the government passed the American Taxpayer Relief Act of 2012 (ATRA). The ATRA added a top federal income bracket of 39.6% and increased the long-term capital gains tax rate to 20% starting in the 2013 tax year.
The United Kingdom Raises Red Flag on Initial Coin OfferingsChristina Gagnier
The UK Financial Conduct Authority (FCA) issued a warning about initial coin offerings (ICOs), noting they are high-risk speculative investments. The FCA has not created blanket legislation around digital currencies or ICOs, and will review each case individually. It warned consumers to research ICO projects thoroughly given risks like fraud, price volatility, lack of regulation or investor protections, inadequate project documentation, and projects being in early experimental stages. The FCA encouraged reporting any potential scam ICOs.
GAMABrief: Preparing for the Capital Gains Tax HikeChristina Gagnier
Tax season is just around the corner and changes to the capital gains tax rates will affect taxpayers filing their returns at the beginning of 2014. If you sold capital assets during 2013, you might be subject to the increased rates. This brief provides important information on preparing for the capital gains tax hike.
Capital gains tax is the tax on capital asset profits—the profit made from selling an item bought for personal investment. On January 1, 2013, the government passed the American Taxpayer Relief Act of 2012 (ATRA). The ATRA added a top federal income bracket of 39.6% and increased the long-term capital gains tax rate to 20% starting in the 2013 tax year.
The United Kingdom Raises Red Flag on Initial Coin OfferingsChristina Gagnier
The UK Financial Conduct Authority (FCA) issued a warning about initial coin offerings (ICOs), noting they are high-risk speculative investments. The FCA has not created blanket legislation around digital currencies or ICOs, and will review each case individually. It warned consumers to research ICO projects thoroughly given risks like fraud, price volatility, lack of regulation or investor protections, inadequate project documentation, and projects being in early experimental stages. The FCA encouraged reporting any potential scam ICOs.
Regulatory Regime for Cryptocurrencies in GibraltarChristina Gagnier
The Gibraltar government has taken a positive approach towards cryptocurrencies and is establishing a regulatory framework for distributed ledger technology (DLT) activities, including those related to virtual currencies. The Gibraltar Financial Services Commission (GFSC) will authorize and supervise DLT activities not currently regulated. Virtual currency is defined as a digital representation of value that can be traded but does not have legal tender status. Unlike some other jurisdictions, Gibraltar will not give virtual currencies the same status as fiat currencies, restricting its use and functions. The GFSC's regulatory approach aims to protect consumers and Gibraltar's reputation while promoting economic benefit. The new regulations are expected to be finalized by the end of 2017 and take effect on January 1, 2018.
China Bans Initial Coin Offerings, "Illegal Public Financing"Christina Gagnier
The People's Bank of China issued a statement on September 4th banning Initial Coin Offerings (ICOs) entirely, calling them "illegal public financing". However, a deputy director later clarified that the suspension is merely a temporary halt targeted at illegal ICOs, with the goal of protecting investors from speculative investment until the technology matures. The document also outlines six points of guidance for Chinese regulation of ICOs and virtual currencies, including banning currency exchanges, prohibiting financial institutions from involvement, and warning of investment risks. It remains unclear if the ICO ban will be made permanent.
Initial Coin Offerings (ICOs) and Cryptocurrencies in CanadaChristina Gagnier
The Canadian regulatory authorities are taking a cautious approach to regulating initial coin offerings (ICOs) and cryptocurrencies. They are evaluating each offering on a case-by-case basis to determine if they comply with securities regulations. The Canadian Securities Administration (CSA) issued a notice explaining how securities laws apply to cryptocurrency exchanges, coins, offerings, and investment funds. The CSA will consider the substance over the form of an offering and use a four-prong test to determine if a coin constitutes a security. If an ICO is classified as a security, the offering must comply with securities laws like issuing a prospectus. The CSA also created a regulatory sandbox program to help innovative fintech companies bring their products and offerings within
Conducting an Initial Coin Offering: Costs and ConsiderationsChristina Gagnier
The document discusses the costs and considerations of conducting an Initial Coin Offering (ICO). It notes that there are significant expenses associated with an ICO beyond just the direct offering costs, including ensuring corporate and financial readiness, establishing governance and internal controls, hiring advisors and specialists, and investing in technology infrastructure. Specifically, the document highlights that legal, accounting, and technology support are crucial areas that require advisors and compliance in order to minimize risks and costs when undertaking an ICO.
SEC Update: Virtual Organizations and the SEC - July 2017Christina Gagnier
On July 25, 2017, the United States Securities and Exchange Commission (SEC) issued an investigative report regarding the sales of digital assets by virtual organizations through offers and sales that have come to be known as “Initial Coin Offerings” and “Token Sales.”
In Release No. 81207, “Report of Investigation Pursuant to Section 21(a) of the Securities and Exchange Commission Act of 1934: The DAO,” the SEC gives its first guidance as to whether or not it may view initial coin offerings and token sales as a security offering. The following provides a brief overview of the SEC’s report.
Guide to Prospective European Union - United States Privacy Shield ProgramChristina Gagnier
Our firm has prepared an overview of the prospective European Union – United States Privacy Shield program. As of today’s date, this program has yet to go into effect. Original projections had this program slated to begin in Summer 2016, as detailed below, but the Privacy Shield was formally adopted as of July 11, 2016.
As our firm receives further information about the approval and implementation of this program, our firm is ready to work with your company to execute the proper procedures for compliance.
European Union Privacy Law - General Data Protection Regulation ChecklistChristina Gagnier
Get ready for GDPR compliance. Our firm has created this European Union Privacy Law - General Data Protection Regulation Checklist to jumpstart the process. Contact @gamallp or Christina Gagnier at gagnier@gamallp.com to learn more.
Student Privacy Rights: In and Out of the ClassroomChristina Gagnier
This document discusses student privacy issues both on campus and online. It explores how schools must balance students' constitutional rights with maintaining order. Several scenarios involving student monitoring, social media access, and data collection are examined. Key cases and laws around student privacy are also summarized, such as FERPA, COPPA, and the Fourth Amendment. General privacy tips are provided, such as having a privacy policy and protecting student records from security breaches.
Gender Issues: Creating a Safe Environment for All StudentsChristina Gagnier
This document discusses gender issues in schools and policies to promote inclusion. It defines key terms like gender identity, transgender, and gender expression. It outlines California and federal laws requiring schools to allow students to participate in activities based on gender identity, not assigned sex. The document also discusses cyberbullying based on gender and recommends schools implement gender policies, provide resources for victims, educate parents on technology, and address gender bullying promptly.
Borrow GAMA's privacy team as your CPO for the evening with a review of compliance with domestic and international privacy and security law. Get your company ready for changes in California in 2014 as well as what may be on the horizon in the privacy and security space.
Check out our presentation on everything you need to know to start your business. Part of the workshop was covered in this Inc.com piece: http://www.inc.com/laura-montini/why-you-should-consider-a-founders-agreement.html
The document discusses the rewards and risks schools face when adopting cloud-based data storage and analytics solutions. It notes that while these technologies can provide educational benefits, they also carry significant legal and privacy risks if student data is not properly protected. Schools must comply with various federal and state student privacy laws like FERPA, COPPA, and California-specific regulations. Selecting technology providers that can meet the requirements of these laws is important. Overall, the landscape of education technology and data privacy is complex, so schools should work with legal experts to help navigate these issues.
GAMABrief: What Every School Needs to Know About Copyright LawChristina Gagnier
Technology in the classroom is nothing new, but with the rise of smartphones, smart boards and tablet computing, the way teachers and students use and engage with media continues to grow and evolve. Any time educational content is used, shared or created, whether by teachers or by students, IP laws and, specifically, copyright laws, are implicated. Administrators, teachers and students must all be aware of what activity is freely permissible under U.S. Copyright Law, and what sort of activities might run afoul of the law.
GAMAByte: The Legal Ramifications of Going 3D (Printing, That is)Christina Gagnier
3D printing has been around since the early 1980s, but over the last several years has gained widespread attention as costs have dropped and access to the technology has grown. While it is possible to surmise what areas of law may be most implicated by broad adoption of 3D printing, one can only guess how their application might shape the future of manufacturing.
This document discusses revenge porn and legislation against it. It provides information on federal and state laws criminalizing revenge porn, including specific statutes. It also discusses litigation tools at both the federal and state level that can be used to prosecute revenge porn. Finally, it offers tips for preventing revenge porn and ways to support victims, such as supporting victim support groups and minimizing further spread of images.
This document discusses issues that employers may face regarding employees and social media. It notes that people are online constantly, including discussing work. This can involve employers for better or worse. Specifically, it outlines three problems: 1) anticipating potential legal issues, like whether solely using social media for recruitment excludes some demographics; 2) problems with copying boilerplate policies without customizing them; and 3) using policies as communication tools. It then provides examples and discusses developing proper social media policies and respecting employees' privacy and free speech rights.
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Call me 9040963354
WhatsApp 9040963354
Regulatory Regime for Cryptocurrencies in GibraltarChristina Gagnier
The Gibraltar government has taken a positive approach towards cryptocurrencies and is establishing a regulatory framework for distributed ledger technology (DLT) activities, including those related to virtual currencies. The Gibraltar Financial Services Commission (GFSC) will authorize and supervise DLT activities not currently regulated. Virtual currency is defined as a digital representation of value that can be traded but does not have legal tender status. Unlike some other jurisdictions, Gibraltar will not give virtual currencies the same status as fiat currencies, restricting its use and functions. The GFSC's regulatory approach aims to protect consumers and Gibraltar's reputation while promoting economic benefit. The new regulations are expected to be finalized by the end of 2017 and take effect on January 1, 2018.
China Bans Initial Coin Offerings, "Illegal Public Financing"Christina Gagnier
The People's Bank of China issued a statement on September 4th banning Initial Coin Offerings (ICOs) entirely, calling them "illegal public financing". However, a deputy director later clarified that the suspension is merely a temporary halt targeted at illegal ICOs, with the goal of protecting investors from speculative investment until the technology matures. The document also outlines six points of guidance for Chinese regulation of ICOs and virtual currencies, including banning currency exchanges, prohibiting financial institutions from involvement, and warning of investment risks. It remains unclear if the ICO ban will be made permanent.
Initial Coin Offerings (ICOs) and Cryptocurrencies in CanadaChristina Gagnier
The Canadian regulatory authorities are taking a cautious approach to regulating initial coin offerings (ICOs) and cryptocurrencies. They are evaluating each offering on a case-by-case basis to determine if they comply with securities regulations. The Canadian Securities Administration (CSA) issued a notice explaining how securities laws apply to cryptocurrency exchanges, coins, offerings, and investment funds. The CSA will consider the substance over the form of an offering and use a four-prong test to determine if a coin constitutes a security. If an ICO is classified as a security, the offering must comply with securities laws like issuing a prospectus. The CSA also created a regulatory sandbox program to help innovative fintech companies bring their products and offerings within
Conducting an Initial Coin Offering: Costs and ConsiderationsChristina Gagnier
The document discusses the costs and considerations of conducting an Initial Coin Offering (ICO). It notes that there are significant expenses associated with an ICO beyond just the direct offering costs, including ensuring corporate and financial readiness, establishing governance and internal controls, hiring advisors and specialists, and investing in technology infrastructure. Specifically, the document highlights that legal, accounting, and technology support are crucial areas that require advisors and compliance in order to minimize risks and costs when undertaking an ICO.
SEC Update: Virtual Organizations and the SEC - July 2017Christina Gagnier
On July 25, 2017, the United States Securities and Exchange Commission (SEC) issued an investigative report regarding the sales of digital assets by virtual organizations through offers and sales that have come to be known as “Initial Coin Offerings” and “Token Sales.”
In Release No. 81207, “Report of Investigation Pursuant to Section 21(a) of the Securities and Exchange Commission Act of 1934: The DAO,” the SEC gives its first guidance as to whether or not it may view initial coin offerings and token sales as a security offering. The following provides a brief overview of the SEC’s report.
Guide to Prospective European Union - United States Privacy Shield ProgramChristina Gagnier
Our firm has prepared an overview of the prospective European Union – United States Privacy Shield program. As of today’s date, this program has yet to go into effect. Original projections had this program slated to begin in Summer 2016, as detailed below, but the Privacy Shield was formally adopted as of July 11, 2016.
As our firm receives further information about the approval and implementation of this program, our firm is ready to work with your company to execute the proper procedures for compliance.
European Union Privacy Law - General Data Protection Regulation ChecklistChristina Gagnier
Get ready for GDPR compliance. Our firm has created this European Union Privacy Law - General Data Protection Regulation Checklist to jumpstart the process. Contact @gamallp or Christina Gagnier at gagnier@gamallp.com to learn more.
Student Privacy Rights: In and Out of the ClassroomChristina Gagnier
This document discusses student privacy issues both on campus and online. It explores how schools must balance students' constitutional rights with maintaining order. Several scenarios involving student monitoring, social media access, and data collection are examined. Key cases and laws around student privacy are also summarized, such as FERPA, COPPA, and the Fourth Amendment. General privacy tips are provided, such as having a privacy policy and protecting student records from security breaches.
Gender Issues: Creating a Safe Environment for All StudentsChristina Gagnier
This document discusses gender issues in schools and policies to promote inclusion. It defines key terms like gender identity, transgender, and gender expression. It outlines California and federal laws requiring schools to allow students to participate in activities based on gender identity, not assigned sex. The document also discusses cyberbullying based on gender and recommends schools implement gender policies, provide resources for victims, educate parents on technology, and address gender bullying promptly.
Borrow GAMA's privacy team as your CPO for the evening with a review of compliance with domestic and international privacy and security law. Get your company ready for changes in California in 2014 as well as what may be on the horizon in the privacy and security space.
Check out our presentation on everything you need to know to start your business. Part of the workshop was covered in this Inc.com piece: http://www.inc.com/laura-montini/why-you-should-consider-a-founders-agreement.html
The document discusses the rewards and risks schools face when adopting cloud-based data storage and analytics solutions. It notes that while these technologies can provide educational benefits, they also carry significant legal and privacy risks if student data is not properly protected. Schools must comply with various federal and state student privacy laws like FERPA, COPPA, and California-specific regulations. Selecting technology providers that can meet the requirements of these laws is important. Overall, the landscape of education technology and data privacy is complex, so schools should work with legal experts to help navigate these issues.
GAMABrief: What Every School Needs to Know About Copyright LawChristina Gagnier
Technology in the classroom is nothing new, but with the rise of smartphones, smart boards and tablet computing, the way teachers and students use and engage with media continues to grow and evolve. Any time educational content is used, shared or created, whether by teachers or by students, IP laws and, specifically, copyright laws, are implicated. Administrators, teachers and students must all be aware of what activity is freely permissible under U.S. Copyright Law, and what sort of activities might run afoul of the law.
GAMAByte: The Legal Ramifications of Going 3D (Printing, That is)Christina Gagnier
3D printing has been around since the early 1980s, but over the last several years has gained widespread attention as costs have dropped and access to the technology has grown. While it is possible to surmise what areas of law may be most implicated by broad adoption of 3D printing, one can only guess how their application might shape the future of manufacturing.
This document discusses revenge porn and legislation against it. It provides information on federal and state laws criminalizing revenge porn, including specific statutes. It also discusses litigation tools at both the federal and state level that can be used to prosecute revenge porn. Finally, it offers tips for preventing revenge porn and ways to support victims, such as supporting victim support groups and minimizing further spread of images.
This document discusses issues that employers may face regarding employees and social media. It notes that people are online constantly, including discussing work. This can involve employers for better or worse. Specifically, it outlines three problems: 1) anticipating potential legal issues, like whether solely using social media for recruitment excludes some demographics; 2) problems with copying boilerplate policies without customizing them; and 3) using policies as communication tools. It then provides examples and discusses developing proper social media policies and respecting employees' privacy and free speech rights.
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Call me 9040963354
WhatsApp 9040963354
The Steadfast and Reliable Bull: Taurus Zodiac Signmy Pandit
Explore the steadfast and reliable nature of the Taurus Zodiac Sign. Discover the personality traits, key dates, and horoscope insights that define the determined and practical Taurus, and learn how their grounded nature makes them the anchor of the zodiac.
Ellen Burstyn: From Detroit Dreamer to Hollywood Legend | CIO Women MagazineCIOWomenMagazine
In this article, we will dive into the extraordinary life of Ellen Burstyn, where the curtains rise on a story that's far more attractive than any script.
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Unlocking WhatsApp Marketing with HubSpot: Integrating Messaging into Your Ma...Niswey
50 million companies worldwide leverage WhatsApp as a key marketing channel. You may have considered adding it to your marketing mix, or probably already driving impressive conversions with WhatsApp.
But wait. What happens when you fully integrate your WhatsApp campaigns with HubSpot?
That's exactly what we explored in this session.
We take a look at everything that you need to know in order to deploy effective WhatsApp marketing strategies, and integrate it with your buyer journey in HubSpot. From technical requirements to innovative campaign strategies, to advanced campaign reporting - we discuss all that and more, to leverage WhatsApp for maximum impact. Check out more details about the event here https://events.hubspot.com/events/details/hubspot-new-delhi-presents-unlocking-whatsapp-marketing-with-hubspot-integrating-messaging-into-your-marketing-strategy/
During the budget session of 2024-25, the finance minister, Nirmala Sitharaman, introduced the “solar Rooftop scheme,” also known as “PM Surya Ghar Muft Bijli Yojana.” It is a subsidy offered to those who wish to put up solar panels in their homes using domestic power systems. Additionally, adopting photovoltaic technology at home allows you to lower your monthly electricity expenses. Today in this blog we will talk all about what is the PM Surya Ghar Muft Bijli Yojana. How does it work? Who is eligible for this yojana and all the other things related to this scheme?
Best Competitive Marble Pricing in Dubai - ☎ 9928909666Stone Art Hub
Stone Art Hub offers the best competitive Marble Pricing in Dubai, ensuring affordability without compromising quality. With a wide range of exquisite marble options to choose from, you can enhance your spaces with elegance and sophistication. For inquiries or orders, contact us at ☎ 9928909666. Experience luxury at unbeatable prices.
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Adani Group's Active Interest In Increasing Its Presence in the Cement Manufa...Adani case
Time and again, the business group has taken up new business ventures, each of which has allowed it to expand its horizons further and reach new heights. Even amidst the Adani CBI Investigation, the firm has always focused on improving its cement business.
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Introduction to the Panel on: Pathways and Challenges: AI-Driven Technology in Agri-Food, AI4Food, University of Guelph
“Enhancing Adoption of AI in Agri-food: a Path Forward”, 18 June 2024
2. Application of HIPAA to Business Associates.
Business Associates are now directly liable for:
✓
✓
✓
✓
✓
Impermissible uses or disclosure of PHI;
Failure to provide proper breach notification to a CE;
Failure to provide appropriate access to an electronic copy of PHI to a CE, individual or individual’s representative;
Failure to provide an accounting of disclosures; and
Failure to comply with the applicable requirements of the Security Rule.
If a Business Associate violates any part of a Business Associate Agreement, such violation is now considered a HIPAA violation.
Business Associates must only use, disclose or request PHI from another entity if they limit PHI to the minimum amount
necessary to accomplish the intended purpose of the use, disclosure or request.
Business Associate Agreements
Due to the expanded definition of “Business Associate,” many CEs will have to either put new Business Associate Agreements
into place or update agreements they already have. To comply with the HIPAA amendments, Agreements must now require that
Business Associates:
✓
✓
✓
✓
Comply with the Security Rule;
Report breaches to the CE;
Ensure that sub-contractors agree to and comply with all of the provisions that apply to Business Associates; and
Comply with the Privacy Rule to the extent that the Business Associate carries out an obligation of the CE that is
regulated by the Privacy Rule.
Notification
CEs must revise and distribute their notice of privacy policies and include a statement that:
✓ Describes the types of uses and disclosures that require authorization under HIPAA;
✓ Informs individuals of their right to opt out of receiving fundraising communications;
✓ Informs individuals of their right to require CEs not to submit treatment information to their health plan if the
individual pays in cash; and
✓ Informs individuals of their right to receive notice following a breach affecting their PHI.
Marketing and Fundraising Modification
This modification strengthens limitations of use and disclosure of PHI for marketing and fundraising purposes and prohibits the
sale of PHI without individual authorization. Marketing has been redefined as any patient communication where the provider
receives financial remuneration from a third party whose products or services are being marketed. When marketing is based on
PHI, patient authorization is required.
Individuals’ Rights Modification
This modification expands individuals’ rights to receive electronic copies of their health information upon request and to restrict
disclosures to a health plan concerning treatment when the individual pays by cash.
Individual Authorization Modification
This modification facilitates the process for an individual to give authorization for use of PHI for research purposes, for disclosing
a child’s immunization records to school and for enabling access to decedent information by family members and others.
3. Breach
No(fica(on
Modifica(on
The breach notification standard has been lowered and breach notification requirements strengthened. When PHI is
compromised in some way, there is an automatic presumption of breach.
Before the amendments, to determine whether something was a “breach,” the CE assessed whether the use or disclosure posed
a significant risk of financial, reputation or other harm to the patient. Now, an improper use or disclosure of PHI is presumed to
be a breach unless the CE can demonstrate that there is a low probability that the PHI was compromised. The CE does this
through assessing the nature and extent of the PHI involved, the entity who used the PHI or to whom the disclosure was made,
whether the PHI was actually obtained or viewed and the extent to which the risk has been mitigated.
Increased
Penal(es
for
Viola(ons
Penalties have increased for non-compliance based on level of negligence (did not know; reasonable cause; willful neglect—
corrected; willful neglect—uncorrected). The maximum penalty is $50K per violation and $1.5M per multiple identical violations.
Reasonable lack of knowledge used to be an affirmative defense. Now, a CE can only claim a complete defense if the violation
was not due to willful neglect and was corrected within 30 days of being discovered by the CE.
Gene(c
Informa(on
The Genetic Information Nondiscrimination Act (GINA) amendments prohibit “health plans” from using or disclosing genetic
information for “underwriting purposes” and define genetic information as “health information.”
✓ “Health Plan.” Prior to the amendments, HIPAA considered almost any plan that provides or pays for the cost of
medical care a health plan. The modifications now expand the definition of health plan and prohibit four specific type
of entities—group health plans, health insurance issuers, health maintenance organizations and Medicare
supplemental policies—from using genetic information for underwriting purposes. Long-term health care providers
are not included in this definition. Health plans that perform underwriting must include a statement in their notice of
privacy polices that they are prohibited from using or disclosing genetic information for underwriting purposes.
✓ “Underwriting Purposes.” The amendments define underwriting purposes as anything related to the creation,
renewal or placement of a contract for health insurance benefits, such as determining eligibility, cost of premiums or
exclusion due to a preexisting condition.
✓ “Genetic Information.” The amendments define genetic information to mean information about the genetic tests of
an individual, the genetic test of an individual’s “family members” and genetic information about the manifestation of a
disease or disorder of an individual’s family members. Genetic information also includes info about any request for, or
receipt of, “genetic services,” as well as info about participation in clinical research that includes genetic services.
✓ “Family member.” The amendments define family members to encompass up to “fourth-degree” blood relatives of
the individual and relatives by marriage or adoption.
✓ “Genetic Services.” Such services include a genetic test, genetic counseling or genetic education.
For
more
informa(on
or
guidance
on
geBng
your
business
ready
for
these
regulatory
changes,
contact
a
privacy
aHorney
at
Gagnier
Margossian
LLP.
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