PROJECT COPE: COALITION ON PATIENT EMPOWERMENT

Empowering Health Care With Teamwork, Knowledge & Common Sense

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by Cynthia Marcotte StamerNovember 22, 201209:21

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Cynthia Marcotte Stamer

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Management attorney and operations consultant Cynthia Marcotte Stamer uses a client objective oriented approach to help businesses, governments, associations and their leaders manage people, performance, risk, legislative and regulatory affairs, data, and other essential elements of their operations.

Solutions Law Press HR & Benefits Update
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Risk Operations Compliance
PROJECT COPE: COALITION ON PATIENT EMPOWERMENT
Cynthia Marcotte Stamer PC

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DOL Invests $80.6 million in Apprenticeship Expansion Grants

Apprenticeship Grants announced

Businesses Should Confirm Using Benefits, Meeting Mandates Of Special COVID-19 Tax Rules

IRS extension of retirement plan distribution rollover period is one of a long list of special tax COVID-19 relief and other rules businesses and individuals should monitor and respond to to qualify for help and avoid missteps.

Ezekiel Elliott COVID-19 Diagnosis Disclosure Outrage Highlights Need To Handle COVID-19 & Other Medical Information With Care

While most COVID-19 test results won’t draw the widespread coverage and public interest that Elliott’s diagnosis did, businesses generally and health care providers, health plans, health care clearinghouses specifically need to recognize that coverage of the Elliott outrage will heighten awareness and therefore their need to properly handle and protect COVID-19 or other infectious disease and other testing, diagnosis, treatment and other medical and disability information collected or encountered in the course of their operation through the current COVID-19 health care emergency and otherwise in their own organizations.

Proposed Regulations Would Treat Direct Primary Care and Health Care Sharing Ministries Membership Dues As Qualifying Medical Expenses For Medical Deduction & HSA Reimbursement Purposes

August 8, 2020 is the deadline to comment on Internal Revenue Service (“IRS”) proposed regulations that if adopted as proposed will allow membership payments for participation in direct primary care (“DPC”) and health care sharing ministries (“HCSMs”) to qualify as medical expenses eligible for the itemized deduction under Internal Revenue Code (“Code”) Section 213 and for reimbursement by an employer sponsored health reimbursement arrangement (“HRA”).

Wish Tax Guidance Were Clearer? Tell IRS/Treasury Your Suggested Topics For 2020-2021 Treasury Priority Guidance Plan

Lack of clarity in current tax regulations or guidance creating headaches? The Department of the Treasury (“Treasury Department”) and the Internal Revenue Service (“IRS”) are inviting businesses and individuals to submit recommendations about what issues the 2020-2021 Priority Guidance Plan should include. Businesses and individuals with ideas about tax guidance needed to solve vexing issues should consider submitting their proposed guidance to the the Treasury Department and IRS in response to this invitation.

New IRS Increased Health FSA Carryover, Gives COVID Health FSA Election Relief

More Information
We hope this update is helpful. For more information about the these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297.
Solutions Law Press, Inc. invites you receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn SLP Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy.
About the Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 30+ years legal and operational management work, coaching, public policy and regulatory affairs leadership and advocacy, training and public speaking and publications. As a significant part of her work, Ms. Stamer has worked extensively domestically and internationally on an demand, special project and ongoing basis with business, government and community organizations and their leaders, spoken and published extensively on human resources, employee benefits and other workforce and services, tax, health care and health benefits, insurance, workers’ compensation and occupational disease, business disaster and distress and many other management topics, As a key focus of this work, Ms. Stamer has worked with public and private employers of all sizes, employee benefit plans, insurance and financial services, health industry and a broad range of public and private domestic and international business, community and government organizations and leaders on pandemic and other health and safety, workforce and performance preparedness, risks and change management, disaster preparedness and response and other operational and tactical concerns throughout her adult life. A former lead advisor to the Government of Bolivia on its pension project, Ms. Stamer also has worked internationally as an advisor to business, community and government leaders on crisis preparedness and response, workforce, health care and other reform, as well as regularly advises and defends organizations about the design, administration and defense of their organizations workforce, employee benefit and compensation, safety, discipline and other management practices and actions.
Board Certified in Labor and Employment Law By the Texas Board of Legal Specialization, Scribe for the ABA JCEB Annual Agency Meeting with OCR, Vice Chair of the ABA International Section Life Sciences Committee, and the ABA RPTE Employee Benefits & Other Compensation Group and a former Council Representative, Past Chair of the ABA Managed Care & Insurance Interest Group, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also serves in leadership of a broad range of professional and civic organizations and shares insights and thought leadership through her extensive publications and public speaking. For more information about Ms. Stamer or her health industry and other experience and involvements, see http://www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
About Solutions Law Press, Inc.™
Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources available here such as:
• Proposed HHS Rule Making PBM Expenses Part of MLS Administrative Expense, Other Changes To ACA Health Plan Rules Comment Deadline 5 P.M. Today
• Employers Prepare For Employment Tax Withholding Changes; Review & Comment On Proposed Rule Changes
• Employers Prepare For Employment Tax Withholding Changes; Review & Comment On Proposed Rule Changes
• New PBGC Pension Rules Effective 3/5 May Require Action On Retirement Plans
• Revise Health Plan HIPAA Records Access Rules & Procedures To Use Newly Flexibility On Charging, Responding To Third Party PHI Requests
• 2/28 New Comment Deadline For NLRB Proposal To Exclude College Work Study Student Workers From NLRA Coverage
• Don’t Get Stuck Paying Another Employer’s Overtime Or Other Backpay
• 2019 OCR Enforcement Shows Getting Defensibly HIPAA Compliant Necessary In 2020!
• DOJ Omnicare/CVS Suit Highlights Potential Pharmacy Benefit Claims Abuse Exposure For Health Plans, Member Safety Risk
• OSHA Seeks Small Business Volunteers For Tree Care Safety Panel
• NLRB Restores Pre-Obama Era Union Dues Checkoff Rule
• $1.6M HIPAA Penalty Largely Caused By Inadequate Security Assessments & Oversight
• 10 Former NFL Payers Charged With Defrauding NFL Retiree Health Fund
• NLRB Order Directs Settlement Of McDonald’s Unfair Labor Practice Complaints Including Joint Employer Liability Charges Against McDonald’s USA
• 2018 US National Health Expenditures Grew Again
• ONC Patient Matching for Prescription Drug Monitoring Program Slides Available
• SBA Hosts Employee Benefits Roundtable 11/21
• College Pays $54,000 To Settle DOJ ADA Lawsuit For Paramedic Program’s Termination of TA With MS
• Business Leaders Serve Jail Time For Employment Tax Crimes
• New $2.15M OCR Penalty Shows Health Plans Risks Of HIPAA Violations
• Proposed NLRB Employee Definition To Exclude College Study Workers
• DOL Proposing To Allow Default Website ERISA Retirement Plan Disclosures
• Salary Threshold Increases Require Employer Review Of Salaried Worker FLSA Exemption Qualification
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here. ©2020 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.

IRS Shares Initial CARES Act Plan Loan & Distribution Relief Guidance

Employer Sponsors & Health Plans Face Rising Risk From Mental Health & Substance Abuse Coverage Violations

Health plans and their sponsors and fiduciaries need to realize that MHPAEA can be very costly both for the plan and its sponsor. With private claims and enforcmeent rising and employers risking excise tax liability, plans and their sponsors need to verify compliance.

Use Prudent Process To Manage Workforce & Other Business Changes To Help Minimize Business & Management Liabilities & Protect Future Recovery

The financial effects of the COVID-19 pandemic and containment efforts has many businesses flailing to reconfigure their staffing and other business models even as Congress is preparing to impose paid COVID related leave mandate on employers with less than 500 employees. With the sharp falloff in business threatening their current liquidity and operations, many business leaders understandably feel pressure to substantially reduce their workforces or make other radical changes in business operations to stem their business’ resulting COVID-19 created financial crisis. When choosing and implementing their options, however, business leaders should carefully weigh all of their options and use care when designing and implementing their workforce and other business adjustments strategically to best position their businesses to survive the current crisis without triggering unanticipated employment, employee benefit, compensation or other liabilities as well as to best position their organizations and its leaders to retain the trust and respect their business will need to regain the customer, vendor, workforce and other business respect and loyalty their business will need to recover once the crisis has past.make appropriate arrangements to comply or implement the restructuring to minimize or avoid triggering WARN obligations.

Congress Expected To Pass COVID-19 Relief Bill With Paid Leave Mandates & Expanded Unemployment Funding This Week

Employers should prepare to meet new COVID-19 paid leave mandates Congress is expected to pass this week.

Recent Updates:

Ezekiel Elliott COVID-Test Disclosure Highlights Health Care Provider & Plan HIPAA & Other Privacy Risks From Medical Testing & Other Medical

Dallas Cowboy running back Ezekiel Elliott’s outrage about news reports announcing his positive test for the coronavirus called SARS-CoV-2.19 (“COVID-19”) should remind COVID -19 testing, laboratories and other health care providers, health plans and insurers and employers to use care to ensure they and members of their workforce adhere to all applicable privacy and confidentiality […]

Pennsylvania OCR Settlement Warns Others Against Disability Or Other Civil Rights Discrimination In COVID-19 Resource Allocation & Other Response

OCR says “no” to Pennsylvania rationing of COVID-19 respirators or other resources based on preexisting medical conditions or other civil rights protected status of patient

CME Credit Offered For Providers Completing Online Replay Of 4/16 CDC Training On Certifying COVID-19 Deaths

FREE CDC Health Care Provider CME Training On COVID-19 Death Certication Rules Available Online!

4/15 ONC Briefing Covers New Health IT Funding Opportunities

The U.S Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced Health Insurance Portability & Accountability Act Privacy Rule 2019 Novel Coronavirus (COVID-19) emergency enforcement relief for certain covered health care providers and their business associates participating in the operation of mobile, drive-through, or walk-up COVID-19 specimen collection and testing sites that only provide COVID-19 specimen collection or testing services to the public (Community-Based Testing Sites, or CBTS). The CBTS expands upon the series of HIPAA enforcement relief and other flexibility OCR has granted to health care providers and other HIPAA-covered entities and business associates when dealing with the COVID-19 National Health Emergency declared by President Trump on March 13, 2020.

OCR Adds HIPAA Privacy Rule Enforcement Relief For Community-Based COVID-19 Testing Sites; Updated HIPAA Risk Assessments Advisable For COVID-19 Impacted Operational Changes

CMS Steps Up Nursing Home Inspections & Tightens Inspections In Response To Continuing COVID-19 Outbreaks & Deaths

Trump Administration sends strong message to nursing homes to clean up COVID-19 and other contagious disease prevention and management deficiencies, shares new tools to preparation for inspections under new COVID-19 inspection policy.

COVID-19 Telehealth Relief; CMS ESRD, General Practitioner Telehealth Toolkits Released

CDC telemedicine guidelines for ERSD, Primary Care + HIPAA telemedicine relief out

OCR Grants HIPAA Telemedicine Relief During COVID-19 Crisis

The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced relief providing covered health care providers subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security and Breach Notification Rules greater latitude for communicating with patients, and providing telehealth services, through remote communications technologies during […]

CMS COVID-19 Nursing Home Safety Guidance

On Friday, the Centers for Medicare & Medicaid Services (CMS) announced tight facilities access restrictions and other critical additional new measures designed to keep America’s nursing home residents safe from the 2019 Novel Coronavirus (COVID-19) in connection with the broader Trump Administration declaration of a national emergency to deal with the COVID-19 outbreak. The guidance […]

Workplace, School, Commercial Establishment & Business Coronavirus Safety Tips

The Centers for Disease Control is sharing the following recommendations to help Americans stay safe during the current pandemic outbreak: More Information We hope this update is helpful. For more information about the these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone […]

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