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February 27, 2018

        Earlier this month, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a $3.5 million HIPAA settlement with Fresenius Medical Care North America (“Fresenius”), a company which focuses on delivering care to patients with renal and other chronic conditions. Fresenius provides centralized support to a network of Fresenius Covered Entities (“Fresenius Facilities”).

        In 2013, Fresenius reported five separate breaches which occurred in between February 2012 and June 2012. All five breaches were the result of lost or stolen devices and ePHI not being encrypted. Device theft and unencrypted data are two of the biggest causes of...

February 2, 2018

     On January 24, 2018, the New York State Department of Labor (“DOL”) extended until April 4, 2018 the Emergency Rule(1) amending the Minimum Wage Order for Miscellaneous Industries and Occupations as it relates to hours of work for live-in home care workers. No changes were made to the Emergency Rule aside from the extension.

     The Emergency Rule, which was initially issued on October 25, 2017 and expired on January 3, 2018, codified and reaffirmed the DOL’s long-standing position that employers are not required to compensate live-in home care workers who work shifts of 24 hours or more for meal periods and sleep time if such an agreement exists, whether impli...

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