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Technology and the Law

New National Health Care Claims Database to Replace Flawed System

October 29, 2009
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New York Attorney General Andrew Cuomo’s move is seen as part of an effort to replace the flawed Ingenix system. Funding is to come from $100 million in fines collected to date.
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Ex-Ford Engineer Charged With Stealing Trade Secrets

October 16, 2009
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A former Ford Motor Co. engineer has been charged with stealing trade secrets from the automaker after accepting a job in China in 2006.
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Are Your Employees Dangerously 'Intexticated'

October 16, 2009
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Commentary: Cell phones, BlackBerrys and iPods are affecting job safety. Some businesses have already recognized the dangers associated with such devices, and have put policies in place to limit their use at work. Others, however, haven’t perceived the risk, and could be setting themselves up for lawsuits and workers’ compensation claims.
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Doctors Warned of Data Theft Risk From Laptop Stolen From Blue Cross and Blue Shield Employee

October 15, 2009
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The American Medical Association is warning physicians across the country about the possibility that their identities could be stolen as a result of a theft of a laptop from the car of a Blue Cross and Blue Shield Association employee.
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Worker Privacy Not Just a Problem for Erin Andrews

October 1, 2009
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It might seem impossible that an employee’s privacy could be violated in the tell-all world of Facebook and Twitter. But workers do have privacy rights, and employers violate them at their peril. Here are three examples of note.
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On-Call Disputes Create Litigation Dangers

September 13, 2009
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'On-call' arrangements are common in many industries, but some employees are claiming that their on-call assignments are so restrictive that they should be considered ‘on duty’ and therefore be entitled to their hourly wage (including overtime pay). In the face of this new scrutiny, you can safeguard your facility by reviewing your policies, with special attention to several practices than can bring problems.
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Privacy Concerns and Employee Surveillance

September 3, 2009
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Employees may have enforceable privacy interests in work areas, such as enclosed offices where they work, changing rooms and lockers accessible only to the employee. While searches or surveillance of work areas can be defended with legitimate cause, employers should consider policies and procedures to alert employees to the employer's reserved right to conduct such surveillance. Even then, surreptitious photographing of employees should be carefully limited.
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Hacked Data Heists Teach Lessons in Cyber Risk Management

August 25, 2009
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The indictment of an alleged master hacker in massive data thefts underscores the role that risk managers play in information technology security.
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New Regulations Cover Health Care Information Data Breaches

August 25, 2009
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The U.S. Department of Health and Human Services has issued regulations requiring providers, health plans and other entities covered by the Health Insurance Portability and Accountability Act to notify individuals when their health information is breached.
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California Court Rules Hidden Nighttime Camera Not a Privacy Violation

August 5, 2009
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An employer did not violate employee privacy rights by installing a hidden camera aimed at catching a person viewing online pornography after business hours, California's Supreme Court ruled.
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