Employers should be aware that the Department of Human Services (“HHS”) is stepping up its enforcement of requirements for covered entities, such as group health plans, to adopt and implement policies and procedures for protecting and securing protected health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  As our colleagues at InsidePrivacy recently described in a blog post, HHS Announces First HIPAA Settlement Based on Lack of Breach Notification Policies and Procedures, HHS recently reached a $150,000 settlement with Adult & Pediatric Dermatology, P.C. for the company’s failure to have written policies and procedures regarding breach notification, and to train workforce members on those policies and procedures.  HHS pursued the company after a thumb drive that held health information was stolen from an employee’s car.

Employers were required to amend, by the end of last September, HIPAA policies and procedures for their group health plans to comply with the breach notification requirements in the Health Information Technology for Economic and Clinical Health (“HITECH”) Act.

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Photo of Robert Newman Robert Newman

Robert Newman is a partner in the firm’s employee benefits and executive compensation practice group.  He represents clients ranging from small employers to some of the nation’s largest employers, including for-profit and tax-exempt entities.  His practice includes:

  • designing, drafting, and amending a wide

Robert Newman is a partner in the firm’s employee benefits and executive compensation practice group.  He represents clients ranging from small employers to some of the nation’s largest employers, including for-profit and tax-exempt entities.  His practice includes:

  • designing, drafting, and amending a wide range of retirement plans (including 401(k) plans, ESOPs, and traditional and hybrid defined benefit plans) and welfare plans (including health, severance, and cafeteria plans);
  • creating executive compensation arrangements including nonqualified deferred compensation plans, stock option plans, and other incentive plans;
  • representing clients before the IRS and the Department of Labor;
  • assisting clients with legislative initiatives;
  • providing benefits expertise in corporate transactions and ERISA litigation;
  • counseling clients with respect to pension fund investments in private equity funds and hedge funds; and
  • negotiating and writing employment agreements.

Chambers USA ranks Robert as Band 1 for Employee Benefits & Executive Compensation, citing client interviews describing him as “an excellent lawyer and a great problem solver,” and “extremely knowledgeable, thoughtful and thorough,” while commending his “wealth of experience handling pension derisking transactions as well as a proven ability to handle litigious matters.”