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Newsletters / Alerts

All Newsletters / Alerts

In January, the Office for Civil Rights of the U.S. Department of Health & Human Services (HHS) published the final rules implementing the HITECH Act’s revisions to HIPAA. With a few exceptions, covered entities and business associates must adjust existing business practices in order to comply with these requirements by the September 23, 2013 compliance deadline. For most in the industry, maintaining the status quo will mean that compliance plans and policies will soon be outdated.
Last month, Edith Ramirez, Chairperson of the Federal Trade Commission (FTC), gave a speech (for full text of same click here) about “big data” and the risks that companies face when they fail to protect consumer privacy. The takeaway: Any company that collects or stores personally identifiable non-public information is at risk.
The Patient Protection and Affordable Care Act (PPACA) launched various new regulations for employers regarding employee health insurance coverage. While the employer mandate to provide health coverage was postponed by one year, notice requirements still loom. The Fair Labor Standards Act (FLSA) requires employers to provide notice to employees of coverage options through the Health Insurance Marketplace that become available January 1, 2014.
P3s are contractual agreements formed between a Florida public agency and a private sector entity. The law creates a process for greater private sector participation in the delivery and financing of public building and infrastructure projects. P3 agreements will provide for shared skills, assets, resources, risks, and rewards by both private and public sectors for the delivery of a service or to create a facility for public use. "The signing of this legislation further ensures that Florida is a pro-business state, and that we will not stop until every Florida family has the opportunity to live their version of the American dream," said Florida Governor Rick Scott.
The National Institute of Standards and Technology (NIST) has issued its latest version of “Security and Privacy Controls for Federal Information Systems and Organizations”1 (the “Guidelines”).
The Florida Supreme Court held that municipalities lack the authority to enact local ordinances which establish superpriority status for their code enforcement liens. In the last decade, numerous Florida municipalities enacted local ordinances which held their code enforcement liens had the same priority as ad valorem taxes, a status referred to as “superpriority.”
On April 24, 2013, Governor Scott signed into law Senate Bill 286 that  redefined the term “Design Professional” in Section 558..002, Florida Statutes, to add geologists to the definition along with architects, interior designers, landscape architects, engineers, and surveyors. Moreover, and more importantly, the Bill created Section 558.0035 that specifies conditions under which a design professional employed by a business entity may not be held individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract.
On March 25, 2013, the Eighth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order in In re WEB2B Payment Solutions, Inc., holding that a creditor loses its possessory lien when it turns collateral over to the bankruptcy trustee without first seeking adequate protection from the bankruptcy court.
The Consumer Financial Protection Bureau (“CFPB”) has issued its final Rule on remittance transfers issued by consumers to recipients outside of the United States. The final Rule is effective October 28, 2013.  Under the final Rule, the remittance provider must disclose its own fees and the fees of its agents, but it is optional for the provider to disclose the taxes and fees charged by others that are not agents.
On March 8, 2013, the United States Citizenship and Immigration Services (“USCIS”) released a new I-9 Employment Eligibility Verification Form. (As you are probably aware, employers are required to complete an I-9 Form for each new employee to document the verification of the employee’s identity and authorization to work).