The Office of Civil Rights of the Department of Health and Human Services (“OCR”) settled a HIPAA violation with a Texas-based dental practice based on the practice’s inappropriate disclosures of PHI on YELP. OCR received a complaint on June 5, 2016, from a patient of Elite Dental Associates alleging that the practice violated HIPAA when it responded to a review the patient submitted to YELP with a response that included PHI. The practice’s response on…

The Firewall

The Regs are In! California’s Attorney General Releases the Long Awaited CCPA Regulations

By Cinthia Granados Motley, Ashley S.A. Jackson & Ashley R. Fickel on October 11, 2019

As businesses and privacy professionals were holding their breath awaiting the California Governor’s signature on pending amendments to the much anticipated California Consumer Privacy Act (“CCPA”), California’s Attorney General took the spotlight yesterday by releasing the similarly anticipated CCPA Regulations, Cal. Code Regs. tit. 11, .§999.300, et seq. (“Regulations”). Since the passage of the CCPA in June 2018, the regulations to accompany the CCPA have been touted as “guidance” on how to comply with the…

Homeostasis

HHS Proposes Anti-Kickback Statute and Stark Law Revisions Protecting Value-Based Arrangements and Care Coordination

By Gerald L. Aben on October 11, 2019

On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) issued a Notice of Proposed Rulemaking to update the safe harbors to the federal Anti-Kickback Statute (“AKS”) and the Civil Monetary Penalties Law (“CMP Law”) related to the prohibition on beneficiary inducements. At the same time, Centers for Medicare & Medicaid Services (“CMS”) issued a Notice of Proposed Rulemaking to update the exceptions to the federal physician…

Cannabis Law Blog

Adult-Use Establishment Applications Have Been Released; Can be Filed November 1

By Hilary L. Vigil on October 7, 2019

The Marijuana Regulatory Agency (MRA) released its adult-use marihuana establishment license application forms last Thursday, along with detailed instructions and checklists. As reported previously, the MRA will begin accepting applications November 1, and those who are already licensed on the medical marihuana side of the industry will face a less rigorous application process to tag on adult-use licenses. As with the existing medical licensing process, the adult-use process will have two steps: (1) prequalification…

The Firewall

A BIPA Defense Victory—If You Squint

By Rosa M. Tumialán on October 4, 2019

On September 5, 2019, the federal district court for the Northern District of Illinois issued an order that denied a motion to dismiss a class action brought under the Illinois Biometric Information Privacy Act (“BIPA”). Although the claims in Rogers v. CSX Intermodal Terminals, No. 19-2937, 2019 U.S. Dist. LEXIS 151135 (N.D. Ill. Sept. 5, 2019) largely survived a motion to dismiss, the district court did hand the defense bar a small—but potentially significant—victory. The…

Dykema Labor & Employment Law Blog

Not So Fast – Court of Appeals Invalidates Shortened Limitations Period in Employee Handbook

By Noah S. Hurwitz on October 2, 2019

Employers seeking to shorten applicable statutes of limitations for employment claims through employee handbooks are struck a blow by the Sixth Circuit. In Logan v. MGM Grand Detroit Casino, the Court held that a “contractually shortened limitation period… is incompatible with the grant of substantive rights and the elaborate pre-suit enforcement mechanisms of Title VII… Plaintiff is entitled to a 300-day statutory limitation period.” The result is that employers in Michigan and elsewhere should revise…

Cannabis Law Blog

Adult-Use Establishment Applications Are One Month Away in Michigan: Here’s What to Plan For

By Hilary L. Vigil on September 27, 2019

For medical marijuana facility licensees and some first-time applicants who are looking to jump into the adult-use marijuana industry in Michigan, the day when the Marijuana Regulatory Agency (MRA) will begin accepting applications—November 1—is approaching quickly. While the application itself has not yet been released online, the MRA has been on tour during September, holding public educational sessions to familiarize potential applicants with the requirements and process. There will be an abbreviated application process to…

Cannabis Law Blog

House of Representatives, in a Historical Moment, Passes a Standalone Marijuana Bill to Assist Banks that Service Cannabis Businesses

By Shelly J. Edgerton on September 26, 2019

In a vote of 321-103, the House of Representatives took the first steps to securing better access for the cannabis industry by passing the Secure and Fair Enforcement Act, “SAFE” Banking bill. Introduced by Rep. Ed Perlmutter (D-CO), the bill has slowly gained momentum as the cannabis and financial industry have continued to lobby and pressure Congress into acting. With over 206 co-sponsors, the House Leadership scheduled a floor vote under suspension of the rules…

Dykema Labor & Employment Law Blog

Sixth Circuit Provides Important Employer Guidance in Combatting FMLA Abuse

By James F. Hermon on September 24, 2019

The Sixth Circuit Court of Appeals recently provided employers addressing potential FMLA abuse with important guidance on how such matters should be addressed. It turns out that playing golf while on an FMLA leave can actually get you fired. In LaBelle v. Cleveland Cliffs, Inc., the plaintiff worked as a lab technician at a mining operation. After about ten years of employment, LaBelle filed a claim for intermittent FMLA leave for shoulder pain that…

Dykema Labor & Employment Law Blog

Department of Labor Announces Final Rule Changing Salary Level Tests

By Robert A. Boonin on September 24, 2019

The U.S. Department of Labor has announced its Final Rule increasing the minimum salary level employees need to be paid in order to be deemed an exempt white collar employee, provided the employees otherwise meet the applicable duties and salary basis tests. The rule has been long-awaited since the predecessor Obama administration-era rule was enjoined by a Texas federal court in 2016. The appeal of that case has been on hold, allowing the Department time…

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Office of Civil Rights Fines Dental Practice for Disclosure of PHI on YELP

The Regs are In! California’s Attorney General Releases the Long Awaited CCPA Regulations

HHS Proposes Anti-Kickback Statute and Stark Law Revisions Protecting Value-Based Arrangements and Care Coordination

Adult-Use Establishment Applications Have Been Released; Can be Filed November 1

A BIPA Defense Victory—If You Squint

Not So Fast – Court of Appeals Invalidates Shortened Limitations Period in Employee Handbook

Adult-Use Establishment Applications Are One Month Away in Michigan: Here’s What to Plan For

House of Representatives, in a Historical Moment, Passes a Standalone Marijuana Bill to Assist Banks that Service Cannabis Businesses

Sixth Circuit Provides Important Employer Guidance in Combatting FMLA Abuse

Department of Labor Announces Final Rule Changing Salary Level Tests

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