Written by: Michael Memberg, Esq. On January 1, 2016, the Georgia State Board of Workers’ Compensation put into effect Board Rule 200.2 to clarify the rights of Employers/Insurers/TPAs to utilize a nurse case manager. Prior to this Rule, there technically was not a Rule in place defining the role of nurse case managers in workers’ compensation claims in Georgia. A key element of the Rule is that written consent is now required when a nurse case manager wants to attend a medical appointment with the Claimant. However, consent is not required if the nurse case manager is a direct employee of the Employer/Insurer/TPA or their attorney. Thus, if a third-party nurse case manager wants to attend medical appointments, the Rule requires that the Claimant must give written consent, and the Claimant must be informed that such consent may be refused and may be withdrawn at any time. As a practical…       Read More

Compiled by: Richard Sheinis, Esq. Apple urges US government to form commission on encryption issues Fox Business Apple Inc on Monday urged the creation of a government panel on encryption to help resolve a standoff over national security and data privacy that … Ohio patient records found in recycling bin Columbus Dispatch It was the fifth-largest data breach in the nation involving paper records since the government began publicly and regularly disclosing the extent of … Twitter password recovery bug potentially exposed data of 10000 users Naked Security Last week, Twitter let about 10,000 users know that their personal data … Michael Coates, Twitter’s Trust & Information Security officer, said the bug Healthcare execs and information technology don’t always agree on privacy and security Healthcare IT News Security analyst says that while many executives believe they are … with companies and conducts audits on their data security and compliance. Georgia…       Read More

Jo Jagor grew up in a family of dentists and dental providers. She began her medical malpractice defense career specifically defending dentists of all types including general dentists, oral and maxillofacial surgeons, endodontists, periodontists, prosthodontists, pedodontists, orthodontists, and hygienists in civil suits and claim, as well as with issues involving the State Licensing Board of Dentistry. Jo has assisted her clients in resolving Risk Management issues, updating Consent and Medical forms, and with their General Business concerns. She is an annual speaker at Risk Management Seminars for various Insurance Companies and has collaborated with dental experts in their presentations at meetings as recently as the 2012 Hinman Dental Association in Atlanta. Jo admires the art of dentistry. She has taken the time to learn the medicine so that she can better communicate with her clients and the experts in this field. Jo has presented at the 2015 and 2014 Hinman…       Read More

Written by: Don Benson and Phil Friduss On February 22, 2016, the Eleventh Circuit Court of Appeals clarified the standard to be used in considering motions for summary judgment in allegations of mixed motive discrimination based on circumstantial evidence. Quigg v. Thomas County School District, No. 14-14530 (11th Cir. 2016).  The McDonnell Douglas shifting burden analysis is not to be applied. Linda Quigg claims that the Thomas County School District (School District) and five individual members of the School District’s governing board (School Board) discriminated and retaliated against her, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1983, by refusing to renew her employment contract and filing an ethics complaint against her. The Eleventh Circuit reversed the trial court’s entry of summary judgment for the employer school board finding that: to survive a defendant’s motion for…       Read More

Am Yisrael Chai recently held its annual “Courage and Compassion” International Holocaust Remembrance in Sandy Springs. The keynote speaker was Judge/Professor Thomas Buergenthal. Hall Booth Smith’s Of Counsel John Parkerson wrote about Judge Buergenthal from a personal and professional prospective. See the full article from GlobalAtlanta here: http://www.globalatlanta.com/courage-and-compassion-a-lucky-child-survives-auschwitz/

Compiled By: Richard Sheinis, Esq. Hospital Data Held for $3.6 Million Ransomware Payoff TopTech News The security solutions firm pointed to new malware variants emerging and the success of the “ransomware-as-a-service” business model as drivers for … Ex-FBI official: IRS is a favorite hacking target CNBC An automated attack on the IRS’ computer systems in January used stolen personal data to create fake logins through the agency’s Electronic Filing … Social engineering is top hacking method, survey shows ComputerWeekly.com Social engineering tops the list of the 10 most popular hacking methods, a security industry survey has shown. More than 70% of almost 500 IT … Sextortion targets hundreds of women: Dunwoody predator to be sentenced WTVM In August, a federal grand jury indicted Ford on nine counts of cyberstalking, seven counts of computer hacking and one count of wire fraud. He plead … UK Police Arrest “16-Year-Old Computer Nerd” for…       Read More

Compiled By: Richard Sheinis, Esq. Majority of 2015 Healthcare Data Breaches Due to IT Hacking HealthITSecurity.com This past year saw over one million patient health files breached through nearly 258 large-scale healthcare data breaches. According to Redspin’s Hackers Get Employee Records at Justice and Homeland Security Depts. New York Times The hacker professed support for pro-Palestinian groups and vowed to … Agencies across the federal government have struggled to keep computer … State notifies 91000 Apple Health (Medicaid) clients of data breach Q13 Fox OLYMPIA – State health officials are notifying 91,000 Washington Apple Health (Medicaid) clients of a data breach by an employee. The Wendy’s data breach probe draws Orlando lawsuit Orlando Sentinel An Orlando man who said his payment data was stolen at a local Wendy’s restaurant is apparently the first plaintiff in the nation to sue over Wendy’s What Does 2016 Hold for Healthcare Data Security, Storage?…       Read More

Written By: Don Benson and Crighton Allen OSHA is proposing a new construction standard to protect workers from exposure to respirable crystalline silica. The proposed Regulation has been forwarded by OSHA to the Office of Management and Budget for final review. OSHA’s proposal, generally, is to lower the existing permissible exposure limits (adopted in 1971) by about 50%. Among their many changes, the new OSHA rules will now require construction employers to: • Measure the amount of silica that workers are exposed to if it may be at or above an action level of 25 μg/m3 (micrograms of silica per cubic meter of air), averaged over an 8-hour day; • Protect workers from respirable crystalline silica exposures above the PEL of 50 μg/m3, averaged over an 8-hour day; • Limit workers’ access to areas where they could be exposed above the PEL; • Use dust controls to protect workers from…       Read More

Compiled By: Richard Sheinis, Esq. U.S. and Europe in ‘Safe Harbor’ Data Deal, but Legal Fight May Await New York Times … had demanded that European and American officials agree to a new deal by Jan. 31 Utah Dept. of Health Medicaid Data Security Risks Found HealthITSecurity.com “DTS management had not established an effective enterprise security control structure to ensure that adequate information system general controls … Popular Chicago-area restaurants among those affected by credit card data breach WLS-TV “It takes about eight months to discover a data breach. This one has been going on for quite a while,” said Cahn Tran, CEO of Rippleshot, a company … More Hospitals Invest Spending in Healthcare Data Security HealthITSecurity.com Hospitals are responding to healthcare data security threats, with nearly 29 percent of them targeting facility IT spending toward increased security, … Wendy’s Restaurant Chain Is Investigating Data Breach Softpedia News Wendy’s restaurant…       Read More