Articles by Girish Anand

August 3, 2010
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HHS Suspends Breach Rule for Further Review

Coming under criticism for allowing covered entities (in this case, those health care providers and others who maintain health records) to police themselves in matters of maintaining the privacy of Protected Health Information (PHI), the Department of Health and Human Services (HHS) has withdrawn its breach rule of September 2009. The already-in-effect interim final rule, called for under terms...
July 29, 2010
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USCIS Clarifies 'Three-Day' Rule for I-9 Verification

Employers have three business days after hiring someone to collect information and complete the I-9 employment eligibility verification form, whether on paper or using the E-Verify electronic system. This has long been known as the "three-day rule," but it has--according to a recent United States Citizenship and Immigration Service (USCIS) statement--often been misinterpreted. Accordi...
July 29, 2010
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DOJ Issues New ADA Rules, Plus a Notice on the Web, 911 Services and Movie Captioning

On Monday, July 26, 2010, which was the 20th anniversary of the signing of the Americans With Disabilities Act (ADA), the Department of Justice (DOJ) issued new final regulations regarding service animals and the use of Segways (mobility devices).  Dogs and miniature horses individually trained to mitigate the effects of a disability are now the only animals that qualify as service animals...
July 26, 2010
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Americans With Disabilities Act (ADA) Turns 20 Today (July 26)

It was 20 years ago today (July 26, 2010, then 1990) that President George H.W. Bush signed into law the landmark Americans With Disabilities Act (ADA). After court decisions had whittled down the scope of the ADA through the years, Congress sought to restore the robust ADA that the authors had envisioned and in 2008 passed the ADA Amendments Act (ADAAA), which is to this day awaiting the appro...
July 19, 2010
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Even Sans ADAAA Final Regs, ADA Lawsuits Jump

The Americans With Disabilities Amendments Act (ADAAA) of 2008 was written to restore the original ADA definition of disability that Congress felt had been whittled down by the courts, but in the process the definition has become so broad and all-encompassing that litigants are already testing the legal waters--even before ADAAA final regulations have taken effect. ADA-based lawsuits jumped 40 ...
July 15, 2010
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New Child Labor Rules Take Effect July 19

The Department of Labor (DOL) recently updated its regulations regarding child labor in the U.S.—calling them "the most ambitious and far-reaching revisions" in the past 30 years—and these new regs are set to go into effect this coming Monday, July 19, 2010. The updated regulations effect a variety of changes to how DOL will interpret the child labor provisions of the Fair...
July 13, 2010
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OSHA Debuts Whistleblower Web Site

The Occupational Safety and Health Administration (OSHA), to " help ensure that employees are, in fact, free to participate in safety and health activities," has created a dedicated Web site entitled Whistleblower.gov. While those who wish to file complaints of retaliation for whistleblower acts must still do so in writing, the site provides detailed information and instructions ...
July 8, 2010
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HHS Proposes Changes to HIPAA Enforcement

The Department of Health and Human Services (HHS) this morning (July 8, 2010) held a press conference to announce a Notice of Proposed Rule Making (NRPM) concerning the privacy, security and enforcement provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The proposed modifications would extend parts of the HIPAA Privacy Rule and virtually all of the Security R...
July 7, 2010
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NLRB Celebrates 75th Anniversary of NLRA

On July 5, 1935, President Franklin D. Roosevelt signed into law the Wagner Act, which has come down through the ages as the National Labor Relations Act (NLRA), the landmark legislation that codified workers' rights to organize and collectively bargain with employers. The National Labor Relations Board (NLRB), which is charged with enforcing provisions of the NLRA, is now celebrating the 75th ...
June 30, 2010
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ACA Patient Bill of Rights Finalized

The Department of Health and Human Services (HHS) on June 28 published a Final Rule in the Federal Register implementing provisions of the Patient Protection and Affordable Care Act (PPACA). The provisions were dubbed "The Patient's Bill of Rights" by the agency. This Final Rule takes effect Sept. 23, but it breaks little ground from the sweeping PPACA legislation other than to c...