Articles by Girish Anand

August 31, 2017
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HHS Issues Limited HIPAA Waivers for Hurricane Harvey-Devastated Areas

The Department of Health and Human Services (HHS) has issued a limited set of waivers from HIPAA requirements for those affected in Texas and Louisiana by Hurricane/Tropical Storm Harvey. Though the agency cannot waive the HIPAA Privacy Rule, it can take more limited, focused actions. Here, then, are the five provisions for which Secretary Tom Price, M.D., waived HIPAA sanctions and penalties...
August 31, 2017
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DOL Opens 15-Day Public Commentary Period on 18-Month Delay of Fiduciary Rule

The Department of Labor (DOL) has wasted no time in promulgating a Notice of Proposed Rulemaking (NPRM) on its 18-month delay in enforcement of the Obama-era fiduciary rule that took effect June 9. The NPRM was published Aug. 31. The publication opened a 15-day public commentary period. The delay will take enforcement of the fiduciary rule from Jan. 1, 2017, to July 1, 2019. "It's a very clea...
August 30, 2017
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OMB Approves DOL Request to Publish 18-Month Delay of Fiduciary Rule

The Office of Management and Budget (OMB) this week approved a request by the Department of Labor (DOL) to publish a rule delaying implementation of the enforcement phase of its fiduciary rule for 18 months, from Jan. 1, 2017, to July 1, 2018. Once the DOL publishes the rule, a public commentary period will commence, with the whole matter likely to wrap up from the end of October. The delay i...
August 30, 2017
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OMB Blocks Pay Reporting Requirement of EEO-1

The Office of Management and Budget (OMB) has initiated "a review and immediate stay of the effectiveness of the pay data collection aspects" of the EEO-1 form, according to the Equal Employment Opportunity Commission (EEOC), which under President Obama had instituted compensation reporting requirements on firms with at least 100 employees. The deadline for submitting the data had earlier been...
August 25, 2017
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OSHA Plans to Update Lockout/Tagout Rule

The Occupational Safety and Health Administration (OSHA) will launch a request for public input next April as it seeks to update its 1989 lockout/tagout standard, which is falling behind the times, especially when it comes to computer-based control of hazardous energy. “The agency has recently seen an increase in requests for variances for these devices,” an OSHA spokeswoman emailed the public...
August 25, 2017
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5th Circuit to Hear Overtime Rule Appeal Arguments on Oct. 3

The 5th U.S. Circuit Court of Appeals has set Tuesday morning, Oct. 3, as the time for oral arguments on the Obama-era overtime rule that was blocked by a federal judge days before it was to take effect this past December. That rule would've doubled the salary threshold for exemption from overtime pay from $455 a week ($23,660 yearly) to $913 weekly ($47,476). The Trump Department of Labor (D...
August 25, 2017
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Last of 81 'Bare' Counties Lands an Obamacare Insurer

Seven states had been scrambling to find insurers willing to sell Affordable Care Act (ACA) health insurance policies in 81 "bare" counties, and this week the sole remaining, unserviced county -- Paulding in rural Ohio -- found a suitor in CareSource. The result is that there are no longer any areas of the United States where Obamacare policies won't be available. The 81 "bare" counties had be...
August 24, 2017
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Iowa Seeks Obamacare Waiver to Fill Void

Faced with the possibility of having no insurance company selling on the Obamacare exchanges in the state, Iowa has applied for a 1332 innovation waiver under provisions of the Affordable Care Act (ACA). If approved, Iowa will sell just one standard policy on the ACA exchange and will back it up with tax credits to help individuals afford the coverage. "This does not fix all of the problems w...
August 23, 2017
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Judge Orders EEOC to Reconsider Its Wellness Rule

A federal judge has granted summary judgment to the AARP in its suit against the Equal Employment Opportunity Commission (EEOC) over the latter's May 2016 wellness rule concerning company-run wellness programs. Judge John D. Bates of the U.S. District Court for the District of Columbia on Aug. 22 issued a memorandum, siding with the plaintiff's argument that the EEOC did not explain the reason...
August 23, 2017
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4 Million Paid Average of $708 in Obamacare Penalties in 2016

The Internal Revenue Service (IRS) reports that 4 million Americans paid an average of $708 for not having health insurance in 2016 -- what the IRS terms the Individual Shared Responsibility Payment (ISRP). The average is just over the base penalty of $695 imposed for a whole year without coverage. Interestingly, 22.6 million others filed for exemptions and were not docked an ISRP, while those...