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Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

Posted on May 22, 2017 by

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]

OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

Posted on May 18, 2017 by

The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be […]

2018 Health Savings Account Cost of Living Adjustments

Posted on May 8, 2017 by

The Internal Revenue Service on May 5th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2018.  HSA/HDHP Requirement  Cost-of-Living Adjustments  Limit on HSA Contributions – Self-only HDHP  2017 – $3,400  2018 – $3,450  Limit on HSA Contributions – Family HDHP  2017 – […]

One Racial Slur Constitutes Harassment?

Posted on May 4, 2017 by

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of […]

Lessons from OCR HIPAA Settlements – Mobile Device Security Standards

Posted on May 3, 2017 by

In the first known case involving a wireless provider, a cardiology service provider agreed to pay a $2.5 million settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI).  The company provides remote mobile monitoring of and rapid response to patients at risk for cardiac arrhythmias.  The company disclosed to the Office […]

Repayment and Self Disclosure of Known Overpayments

Posted on May 3, 2017 by

Timeframes for Making Repayment to the Government The 60-day repayment rule adopted as part of the Affordable Care Act is a very strong arrow in the quiver of federal enforcement agencies.  Under the 60-day rule a known overpayment can become a False Claim if it is not repaid or if a self-disclosure is not filed […]

OCR Settlement Lessons – Failing to Perform an Electronic Access Risk Analysis Before an Unauthorized Access Occurs

Posted on May 3, 2017 by

Failure to conduct a risk assessment before a hacking incident occurred resulted in a $400,000 settlement between the Office of Civil Rights (OCR) and a Federally Qualified Health Clinic (FQHC).  The FQHC filed a breach report upon learning its employee emails had been hacked and the hacker had access to electronic health information of over […]

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

Posted on May 3, 2017 by

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point.  The first decision involves sexual […]

Banks and Credit Unions Agree to a (Temporary) Cease Fire

Posted on April 27, 2017 by

It’s not every day that community bankers and credit unions agree. Whether it is over tax-exempt status or capital requirements, we have become accustomed to the battle between community banks and credit unions.  For example, an entire section of the Independent Community Bank Association’s website is dedicated to advocating against the “expansionist agenda” of credit […]

Suggested Questions for the Compliance Officer

Posted on April 19, 2017 by

In a previous blog post, I promised to release a list of questions a Board of Directors (Board) might ask its compliance officer.  This post is intended to fulfill that promise.  My intent is to help Board members exercise their oversight responsibility, assess the compliance officer, and further their understanding of the compliance program and […]