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Five Tips for HIPAA-Compliant Online Engagement in Healthcare

Five Tips for HIPAA-Compliant Online Engagement in Healthcare

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently entered into a settlement agreement with a private dental practice following a violation of the HIPAA
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HIPAA Training, Shuttleworth & Ingersoll, P.L.C.

OCR Director Delivers Reminder of the Human Component of Cybersecurity in Healthcare

Roger Severino, director for the Office of Civil Rights (OCR), delivered an address on October 16 in Washington D.C. to provide a broad overview to recap recent HIPAA enforcement efforts
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Is Your Own Staff Your Biggest Cybersecurity Threat?

A recent posting by the Office of Civil Rights 2019 OCR Cyber Security Newsletter suggests that the individuals in your organization should not be overlooked when trying to prevent the exposure of
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HIPAA Training, Shuttleworth & Ingersoll, P.L.C.

Small and Medium Health Care Organizations: HIPAA Security Risk Assessment Tool Webinar

This article was updated on 7/24/2019. The HHS Office for Civil Rights (OCR) hosted a webinar titled Security Risk Assessment Tool Overview and User Feedback Session on July 17 in an effort
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Real Estate Law, Shuttleworth & Ingersoll, P.L.C.

Interests in Iowa Real Estate May Expire in 10 Years Unless Extended

The Iowa Court of Appeals in its West Lakes Properties, L.C. v. Greenspon Property Management, Inc. decision entered on September 27, 2017, held that a right of first refusal was subject to
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Supreme Court of the United States of America

U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File for Infringement

In a unanimous decision, the Supreme Court held that registration with the U.S. Copyright Office is required to enforce copyrights. Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586
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Tricia L. Hoffman-Simanek, Shuttleworth & Ingersoll, P.L.C.

Deadline to Submit Feedback to HHS on HIPAA Modifications Upon Us

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), has called for public input on improving care coordination and reducing the regulatory burdens of the
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Why Are We Talking About Arbitration?

Why Are We Talking About Arbitration?

In the last week, there have been two Supreme Court opinions regarding the juncture between arbitration and employment.
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Window of Greatest Opportunity Closing in for Opportunity Zones Investment

Window of Greatest Opportunity Closing in for Opportunity Zones Investment

The Tax Cuts and Jobs Act of 2017 established a new federal tax incentive called Opportunity Zones to encourage long-term investment in low-income census tracts around the country. There are 62 designated census tracts in Iowa, including most of downtown Cedar Rapids and sections of Coralville and Iowa City.
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Supreme Court of the United States of America

Mt. Lemmon Fire Dist. v. Guido, 2018 WL 5794639

Subject matter: Application of 20-employee minimum for ADEA coverage to states or political subdivisions.
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Tax Cuts and Jobs Act

Tax Cuts and Jobs Act Update

With the passing of the Tax Cuts and Jobs Act on December 22, 2017, there are several significant changes to the way individuals will compute their individual income tax beginning in 2018. Although the actual impact the Act will have on each individual income tax return may be different, the following provides a general summary of the most significant changes made by the Act.
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Tech Companies Responsible for HIPAA Compliance? You Bet.

Tech Companies Responsible for HIPAA Compliance? You Bet.

It is an exciting time for technology businesses considering or already providing services in the health care space. While technology is driving the growth of big data in health care, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) is taking steps to ensure the security and privacy of patient medical records, also known as protected health information (PHI).
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Iowa Supreme Court

Mormann v. Iowa Workforce Development

The equitable tolling doctrines of the discovery rule and equitable estoppel are available with respect to the 300-day filing limitation in the ICRA.
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Iowa Supreme Court

Ackerman v. State

The tort of wrongful discharge in violation of public policy is not categorically reserved for at-will employees and is available to contract employees.
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Iowa Supreme Court

Brewer-Strong v. HNI Corporation

Employer's right to control medical care after initially denying liability for workers' compensation claim and standard for reimbursement of, and healing period benefits following, employee's receipt of unauthorized care.
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Iowa Supreme Court

Bandstra v. Covenant Reformed Church

Tort liability of church related to response to allegations of sexual abuse by pastor under Establishment and Free Exercise clauses, including qualified privilege for allegedly defamatory statements made by church elders.
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Iowa Supreme Court

TSB Holdings, LLC v. Board of Adjustment for Iowa City, & TSB Holdings, LLC v. City of Iowa City

Statute of limitations under Iowa Code § 614.1(6) for challenge to actions related to 1987 court ordered injunction.
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Iowa Supreme Court

Jahnke v. Deere & Co., et al.

The Iowa Civil Rights Act's extraterritorial application and whether it applies to a United States citizen working abroad.
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Failure of Joint Inventors to Agree Leaves Both in the Dog House

Failure of Joint Inventors to Agree Leaves Both in the Dog House

Disputes between business partners are a regular occurrence. At Shuttleworth & Ingersoll, we advise our clients to have a direct conversation with their partners about equity, responsibilities, and decision-making authority before investing capital and labor in an idea.
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Iowa Supreme Court

Banwart v. 50th Street Sports, L.L.C. d/b/a Draught House 50

Under Iowa Code § 123.92(1)(a), a plaintiff must demonstrate that a defendant licensee or permittee, sold and served alcohol to an allegedly intoxicated person (AIP) when it knew or should have known that the AIP was intoxicated or would become intoxicated, and that the AIP's intoxication proximately caused the plaintiff's injury. Here, the Iowa Supreme Court found that where an AIP consumed three beers in the span of four hours at a licensee's establishment, evidence of subsequent intoxication alone creates an inference that the bar sold and served beer to the AIP when it knew or should have known she was or would become intoxicated.
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DOL Disability Regulations and the Impact on ERISA Plans

DOL Disability Regulations and the Impact on ERISA Plans

Earlier this year the Department of Labor announced that its final rule amending the claims procedures for plans providing disability benefits under Section 503 of ERISA will become effective April 1, 2018.
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Iowa Supreme Court

In re Marriage of Erpelding

This case includes discussion of the following: Whether a provision waiving attorney fees in the parties' premarital agreement is an enforceable provision.
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Iowa Supreme Court

Cote v. Derby Insurance Agency, Inc. and Kevin Dorn

Applicability of the employee-numerosity requirement in the Iowa Civil Rights Act (ICRA) to corporations.
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Tax Cuts and Jobs Act

2017 Tax Act Update: Overview of 199A Deductions

One of the most favorable and substantial changes in the 2017 Tax Act (the “Act”) for closely held business owners is what is commonly referred to as the “pass-thru deduction.” Contrary to its common name, this deduction is not limited to pass-thru entities. This new deduction is available to sole proprietorships as well as partnerships, limited-liability companies, and S corporations. It provides a deduction of up to 20% of qualified business income.
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