Protect Your Website & Website Data Against Cybersecurity Threats

Posted on November 2, 2018 by Cynthia Marcotte Stamer

The United States Computer Emergency Readiness Team of the Department of Homeland Security (US-CERT) is urging all organizations and individuals operating websites to confirm the adequacy of the website security measures and practices of their organizations’ websites to reduce their organizations to the financial, operational and reputational disruptions and risks created by the increasingly persistent ransomware and other hacking, data breach and cybersecurity threats.

Website security refers to the protection of personal and organizational public-facing websites from cyberattacks.

Cyberattacks against public-facing websites—regardless of size—are common. An attack to your website could

  • Cause defacement,
  • Cause a denial-of-service (DoS) condition,
  • Enable the attacker to obtain sensitive information, or
  • Enable the attacker to take control of the affected website.

Depending on the content and functionality of the particular website, organization and personal websites that fall victim to defacement or DoS may experience financial loss, legal liability, operational disruptions, reputational damage and other material costs and disruptions due to eroded user trust or a decrease in website visitors.

Liability can arise from a host of sources.  For instance, a cyberattack that causes a data breach places your company’s intellectual property and users’ personally identifiable information (PII) at risk of theft.  Businesses whose websites collect or receive credit, credit card, or other personal financial information generally are required to monitor and maintain the security of such information under the federal Fair and Accurate Credit Transactions Act (FACTA) and various other federal and state data security, identity theft and other identity theft, electronic crimes and data security laws.  Meanwhile, the Internal Revenue Code and various other federal or state tax and other laws obligate employers, tax advisors and tax prepares and others collecting or maintaining  tax information to take appropriate steps to safeguard tax information they create or maintain electronically against misuse. Beyond these and other commonly applicable data and cybersecurity requirements, certain industries also often face industry specific mandates concerning the security of websites and other electronic systems containing sensitive information.  For instance, the Privacy, Security and Breach Notification rules of the Health Insurance Portability and Accountability Act (HIPAA)  and most states impose detailed requirements for maintaining the security of websites and other operating systems containing electronic protected health information (ePHI) on health care providers, health plans or health insurers,  health care clearing houses and their business associates including affirmative requirements to monitor data and systems for threats or occurrences of unauthorized access and to take corrective action and provide specific notifications within specific timeframes.  Moreover, virtually all organizations maintaining or using websites also are subject to specific requirements to provide notifications about privacy and data security practices under various laws, as well as various contractual obligations concerning the protection of website data. Beyond the liabilities and sanctions that various applicable laws may impose for violations of their applicable requirements, noncompliance with these and other specific legal website and data security responsibilities, breaches of contractual, statutory or regulatory duties, misrepresentations about the adequacy of safeguards, and common law privacy theories also can create substantial damage exposure.  Even where this is not the case, however, organizations websites or website data are breached typically incur substantial operational expense, disruption, public, investor relations and other reputational harm, and other damages as a result of the security breaches.  Consequently, all organizations should tailor and monitor their website security to ensure these requirements are met as well as following other website security best practices.

  • What security threats are associated with websites?

US-CERT says cyber criminals may attack websites because of financial incentives such as the theft and sale of intellectual property and PII, ransomware payouts, and cryptocurrency mining (see Defending Against Illicit Cryptocurrency Mining Activity). Cyber criminals may also be motivated to attack websites for ideological reasons, e.g., to gain publicity and notoriety for a terrorist organization through defacing a government website.

Possible cyberattacks against your website include those commonly reported in the media, such as website defacement and DoS—which make the information services provided by the website unavailable for users (see Understanding Denial-of-Service Attacks). An even more severe website attack scenario may result in the compromise of customer data (e.g., PII). These threats affect all aspects of security—confidentiality, integrity, and availability—and can gravely damage the reputation of the website and its owner.

A more subtle attack—one that may not be immediately evident to the website’s owner or user—occurs when an attacker pivots from a compromised web server to the website owner’s corporate network, which contains an abundance of sensitive information that may be at risk of exposure, modification, or destruction. Once an attacker uses a compromised website to enter a corporate network, other assets may be available to the attacker, including user credentials, PII, administrative information, and technical vulnerabilities. Additionally, by compromising the website platform, an attacker may be able to repurpose the website infrastructure as a platform from which they can launch attacks against other systems.

  • How to improve cybersecurity protection against website attacks?

Organizations covered by affirmative federal or state mandates such as HIPAA, FACTA, the Internal Revenue Code or other federal or state data security, data breach, identity theft or other requirements should ensure that their website security at all times fulfills all of these applicable requirements and maintain clear documentation of these efforts.  Beyond meeting these specific legal mandates, US-CERT recommends that organizations and individuals act to protect their websites by applying the following the best practices to their web servers:

  • Implement the principle of least privilege. Ensure that all users have the least amount of privilege necessary on the web server (including interactive end users and service accounts).
  • Use multifactor authentication. Implement multifactor authentication for user logins to web applications and the underlying website infrastructure.
  • Change default vendor usernames and passwords. Default vendor credentials are not secure—they are usually readily available on the internet. Changing default usernames and passwords will prevent an attack that leverages default credentials.
  • Disable unnecessary accounts. Disable accounts that are no longer necessary, such as guest accounts or individual user accounts that are no longer in use.
  • Use security checklists. Audit and harden configurations based on security checklists specific to each application (e.g., Apache, MySQL) on the system.
  • Use application whitelisting. Use application whitelisting and disable modules or features that provide capabilities that are not necessary for business needs.
  • Use network segmentation and segregation. Network segmentation and segregation makes it more difficult for attackers to move laterally within connected networks. For example, placing the web server in a properly configured demilitarized zone (DMZ) limits the type of network traffic permitted between systems in the DMZ and systems in the internal corporate network.
  • Know where your assets are. You must know where your assets are in order to protect them. For example, if you have data that does not need to be on the web server, remove it to protect it from public access.
  • Protect the assets on the web server. Protect assets on the web server with multiple layers of defense (e.g., limited user access, encryption at rest).
  • Practice healthy cyber hygiene.
    • Patch systems at all levels—from web applications and backend database applications, to operating systems and hypervisors.
    • Perform routine backups, and test disaster recovery scenarios.
    • Configure extended logging and send the logs to a centralized log server.

Beyond these steps, US-CERT also suggests the following steps:

  • Sanitize all user input. Sanitize user input, such as special characters and null characters, at both the client end and the server end. Sanitizing user input is especially critical when it is incorporated into scripts or structured query language statements.
  • Increase resource availability. Configure your website caching to optimize resource availability. Optimizing your website’s resource availability increases the chance that your website will withstand unexpectedly high amounts of traffic during DoS attacks.
  • Implement cross-site scripting (XSS) and cross-site request forgery (XSRF) protections. Protect your website system, as well as visitors to your website, by implementing XSS and XSRF protections.
  • Implement a Content Security Policy (CSP). Website owners should also consider implementing a CSP. Implementing a CSP lessens the chances of an attacker successfully loading and running malicious JavaScript on the end user machine.
  • Audit third-party code. Audit third-party services (e.g., ads, analytics) to validate that no unexpected code is being delivered to the end user. Website owners should weigh the pros and cons of vetting the third-party code and hosting it on the web server (as opposed to loading the code from the third party).
  • Implement hypertext transfer protocol secure (HTTPS) and HTTP strict transport security (HSTS). Website visitors expect their privacy to be protected. To ensure communications between the website and user are encrypted, always enforce the use of HTTPS, and enforce the use of HSTS where possible. For further information and guidance, see the U.S. Chief Information Officer (CIO) and the Federal CIO Council’s webpage on the HTTPS-Only Standard.
  • Implement additional security measures. Additional measures include
    • Running static and dynamic security scans against the website code and system,
    • Deploying web application firewalls,
    • Leveraging content delivery networks to protect against malicious web traffic, and
    • Providing load balancing and resilience against high amounts of traffic.

For additional guidance, US-CERT recomends visiting  the Open Web Application Security Project Top 10 Cheat Sheet on common critical risks to web applications, the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-44: Guidelines on Securing Public Web Servers, and NIST SP 800-95: Guide to Secure Web Services. Subscribe to NCCIC Current Activities to stay current on the latest website technology vulnerabilities.

About The Author

The author of this update, Cynthia Marcotte Stamer is widely recognized for her nearly 30 years’ work with health care, insurance and financial services and other public and private organizations, publications, presentations, advocacy and other work on cybersecurity and other data and privacy protection and compliance,  risk management and investigation and mitigation.

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation; Former Chair of the RPTE Employee Benefits and Compensation Committee, a current Co-Chair of the Committee, and the former Chair of its Welfare Benefit and its Defined Compensation Plan Committees and former RPTE Joint Committee on Employee Benefits Council (JCEB) Representative, Ms. Stamer is a Martindale-Hubble “AV-Preeminent” practicing attorney and management consultant, author, public policy advocate, author and lecturer repeatedly recognized for her 30 plus years’ of work and pragmatic thought leadership, publications and training on leadership and management, and compliance concerns as among the “Top Rated Labor & Employment Lawyers in Texas,” a “Legal Leader,” a “Top Woman Lawyer” and with other awards by LexisNexis® Martindale-Hubbell®; as among the “Best Lawyers In Dallas” for her work in the field of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, in International Who’s Who of Professionals and with numerous other awards and distinctions.

Highly valued for her ability to meld her extensive legal and industry knowledge and experience with her talents as an insightful innovator and pragmatic problem solver, Ms. Stamer provides legal, operational and strategic advice, representational and coaching to organizations and their management.

Ms. Stamer also is active in the leadership of a broad range of other public policy advocacy and other professional and civic organizations and involvements. Through these and other involvements, she helps develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other policy and operational areas.

Before founding her current law firm, Cynthia Marcotte Stamer, P.C., Ms. Stamer practiced law as a partner with several prominent national and international law firms for more than 10 years before founding Cynthia Marcotte Stamer, P.C. to practice her unique brand of “Solutions law™” and to devote more time to the pragmatic policy and system reform, community education and innovation, and other health system improvement efforts of her PROJECT COPE: the Coalition on Patient Empowerment initiative.

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 at SolutionsLawPress.com.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™. For information about republication, please contact the author directly. All other rights reserved.

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, data breach, Fraud, Leadership, Privacy, Uncategorized | Leave a comment

12/17 Deadline to Comment on EPA’s Proposed Improvements to Methane Rule Governing New Oil and Gas Sources

Posted on November 1, 2018 by Cynthia Marcotte Stamer

December 17 is the deadline to comment on proposed reconsideration amendments to the Environmental Protection Agency’s (EPAs) new source performance standards (NSPS) affecting emissions of volatile organic compounds (VOCs) and methane the EPA proposed October 15, 2018.  The changes are supported by the Trump Administration and many energy and other business leaders as easing burdensome regulations that many US business leaders see as placing US businesses at a disadvantage in the world markets.

The EPA received petitions for reconsideration of the 2016 NSPS OOOOa. In 2017, the EPA granted reconsideration on the fugitive emissions requirements, well site pneumatic pump standards, and the requirements for certification of closed vent systems by a professional engineer based on specific objections to these requirements. This action proposes amendments and clarifications as a result of reconsideration of these issues. The proposed amendments also address other issues raised for reconsideration and make technical corrections and amendments to further clarify the rule.

Comments on this proposed rule are due on December 17, 2018.

  • Find information about the rule, including the proposal, here.
  • Read the fact sheet here.
  • Submit electronic comments here.
  • Advocacy contact: Kevin Bromberg at 202-205-6964.

About the Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872.  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 or updating your profile here.   ©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

11/27 Deadline To Comment On Proposed SBA Express Loan Programs and Affiliation Programs Rule Changes

Posted on November 1, 2018 by Cynthia Marcotte Stamer

November 27, 2018 is the deadline to submit support or other comments on proposed changes to the U.S. Small Business Administration (SBA) Express Loan Programs; Affiliation Programs published last week.

The proposed rule changes published September 28, 2018 will amend various regulations governing its business loan programs, including the SBA Express and Export Express Loan Programs and the Microloan and Development Company (504) loan programs.

Among other things, the proposed rule would:

  • Incorporate into the regulations governing the 7(a) Loan Program the requirements specifically applicable to the SBA Express and Export Express Loan Programs;
  • Add a new regulation to require certain owners of the small business Applicant to inject excess liquid assets into the business to reduce the amount of SBA-guaranteed funds that otherwise would be needed;
  • Revise the regulations concerning allowable fees for the 7(a) Loan Program to limit the fees payable by the small business Applicant and to clarify what SBA considers reasonable with respect to such fees;
  • Amend the regulation that explains the Agency’s policy governing SBA-guaranteed loans to qualified employee trusts to require that all such applications be processed under non-delegated procedures;
  • Incorporate a change to implement SBA’s long-standing policy regarding the responsibility of a Lender for the contingent liabilities (including repairs and denials) for Lenders purchasing 7(a) loans from the Federal Deposit Insurance Corporation (FDIC) (as receiver, conservator, or other liquidator of a failed insured depository institution), whether such loans are acquired through a loan sale where SBA has not already purchased the guaranty or through a whole bank transfer;
  • Revise the regulations governing the use of microloan grant funds by Microloan Intermediaries and extend the maximum maturity of a microloan;
  • Modify the affiliation principles applicable to SBA’s financial assistance programs to include additional circumstances when a small business Applicant will be deemed to be affiliated with another entity for purposes of determining the small business Applicant’s size;
  • Amend the regulation identifying when the size status of an Applicant for financial assistance is determined with respect to applications under the SBA Express and Export Express Loan Programs; and
  • Make technical corrections to the regulation identifying prohibited fees in the 7(a) Loan Program and the regulation discussing the application for the Accredited Lenders Program (ALP) in the 504 Loan Program, as well as conforming amendments to two existing regulations for consistency with the proposed regulations governing SBA Express and Export Express, and a conforming amendment to one existing regulation for consistency with the proposed changes to the allowable fees that may be charged in connection with a 7(a) loan.

Comments must be received on or before November 27, 2018 through the Federal eRulemaking Portal, via mail or hand delivery.  For more information or assistance, contact the author.

About the Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872.  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 or updating your profile here.   ©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

10/15 Deadline To Make Depreciation Deduction Election

Posted on October 10, 2018 by Cynthia Marcotte Stamer

Business taxpayers who placed qualifying property in service during 2017 but choose not to claim the new 100-percent depreciation deduction, must file the required election with the IRS by Oct. 15, 2018.

The new 100-percent deduction allows businesses to write off most depreciable business assets in the year they are placed in service. This deduction was created by the Tax Cuts and Jobs Act (TCJA) the tax reform legislation enacted in December 2017.

Because the deduction is retroactive and applies to qualifying property acquired and placed in service after Sept. 27, 2017, it may affect many 2017 tax returns. See IRS Fact Sheet 2018-09 for more details.

The 100-percent depreciation deduction generally applies to depreciable business assets with a recovery period of 20 years or less and certain other property. Machinery, equipment, computers, appliances, furniture, certain plants and qualified film, television and live theatrical productions generally qualify. Further details can be found in proposed regulations, issued last month, as well as in Publication 946, How to Depreciate Property, and in Form 4562, Depreciation and Amortization, and its instructions.

Taxpayers who elect out of the 100-percent depreciation deduction, as well as the 50-percent deduction available under prior law, must do so by attaching a statement to a timely-filed return. For details, see the instructions for Part II of Form 4562.

Those who have already timely filed their 2017 return and did not elect out but still wish to do so need to file an amended return. The deadline for filing the election is six months after the original deadline. For individuals or calendar-year corporations, this means October 15, 2018.

For more information about this and other TCJA provisions, visit IRS.gov/taxreform.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations.

Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872.

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 or updating your profile here.

©2018.  Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in Board of Directors, CEO, CFO, Tax | Leave a comment

FinCEN Warns US Businesses & Individuals Of corruption Related Risks Of Nicaraguan Investments or Dealings

Posted on October 5, 2018 by Cynthia Marcotte Stamer

The Financial Crimes Enforcement Network (FinCEN) issued an advisory today to alert U.S. financial institutions of the increasing risk that proceeds of political corruption from Nicaragua may enter or traverse the U.S. financial system. FinCEN expects that senior foreign political figures connected to the regime of Nicaraguan President Daniel Ortega could react to the perceived threat of further unrest, potential sanctions, or other factors by moving assets out of their accounts in Nicaragua or elsewhere. These assets could be the proceeds of corruption, and they may be directed into U.S. accounts, or laundered through the U.S. financial system. FinCEN requests that financial institutions file Suspicious Activity Reports (SARs), consistent with their existing Bank Secrecy Act (BSA) obligations, when they identify potential misuse of Nicaraguan public funds or potential proceeds of political corruption associated with senior foreign political figures connected to the Ortega regime.

Read the press release here.

Read the Advisory here.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872.

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 or updating your profile here.
©2018.  Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Comment on USDA Canola, Corn and Soybeans Rules

Posted on July 13, 2018 by Cynthia Marcotte Stamer

The USDA is inviting comments on U.S. Standards for Canola, Corn and Soybeans

On June 29, 2018, the U.S. Department of Agriculture’s Animal Plant Health Inspection Service (APHIS) published three proposed rules regarding U.S. Standards for Canola, Corn and Soybeans under the U.S. Grain Standards Act.

The rules seek to determine whether current standards and grading practices remain relevant, or whether they should be changed or updated. The public is invited to comment on current practices to help inform the Agency’s decision to modify the standards. Comments on each of the three rules are due by August 28, 2018.

• Read the Federal Register notices and other information on these topics or submit your comments using the links below:

• 1) Proposed rule for Canola

• 2) Proposed rule for Corn

• 3) Proposed rule for Soybeans

Posted in Compliance, fda, food | Leave a comment

Relationships Matter

Posted on May 28, 2018 by Cynthia Marcotte Stamer

Posted in Uncategorized | 1 Comment

Lead Up!

Posted on May 28, 2018 by Cynthia Marcotte Stamer

Posted in Uncategorized | Leave a comment

IRS Warns About Refund E-Mail Scam

Posted on April 11, 2018 by Cynthia Marcotte Stamer

In an April 9 news release, the IRS identifies a new bogus email pretending to be from “IRS Refunds,” and containing a link that connects to a fake page where thieves try to steal personally identifiable information, such as Social Security numbers.

These links or attachments often download malware that can give the scammers control of the computer or track keystrokes to determine sensitive passwords or critical information, placing personal and/or business data at risk.

About The Author

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation; Former Chair of the RPTE Employee Benefits and Compensation Committee, a current Co-Chair of the Committee, and the former Chair of its Welfare Benefit and its Defined Compensation Plan Committees and former RPTE Joint Committee on Employee Benefits Council (JCEB) Representative, Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent” practicing attorney and management consultant, author, public policy advocate, author and lecturer repeatedly recognized for her 30 plus years’ of work and pragmatic thought leadership, publications and training on leadership and management, and compliance concerns as among the “Top Rated Labor & Employment Lawyers in Texas,” a “Legal Leader,” a “Top Woman Lawyer” and with other awards by LexisNexis® Martindale-Hubbell®; as among the “Best Lawyers In Dallas” for her work in the field of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, in International Who’s Who of Professionals and with numerous other awards and distinctions.

Highly valued for her ability to meld her extensive legal and industry knowledge and experience with her talents as an insightful innovator and pragmatic problem solver, Ms. Stamer provides legal, operational and strategic advice, representational and coaching to organizations and their management.

Ms. Stamer also is active in the leadership of a broad range of other public policy advocacy and other professional and civic organizations and involvements. Through these and other involvements, she helps develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other policy and operational areas.

Before founding her current law firm, Cynthia Marcotte Stamer, P.C., Ms. Stamer practiced law as a partner with several prominent national and international law firms for more than 10 years before founding Cynthia Marcotte Stamer, P.C. to practice her unique brand of “Solutions law™” and to devote more time to the pragmatic policy and system reform, community education and innovation, and other health system improvement efforts of her PROJECT COPE: the Coalition on Patient Empowerment initiative.

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 at SolutionsLawPress.com.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™. For information about republication, please contact the author directly. All other rights reserved.

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, data breach, Fraud, Leadership, Privacy, Uncategorized | Leave a comment

Manage Better By Managing Emotion In Messages

Posted on April 5, 2018 by Cynthia Marcotte Stamer

Consciously manage the emotion in your message to manage others better.

Research shows people don’t actually respond to language that’s positive or negative. They respond to language that’s emotional.

Emotion in language can motivate or alienate, deliver criticism or coaching, encourage or defeat, and calm or escalate.

Lawsuits often occur don’t occur based on the emotional words choice used to deliver the message

Pick your words carefully.

About The Author

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation; Former Chair of the RPTE Employee Benefits and Compensation Committee, a current Co-Chair of the Committee, and the former Chair of its Welfare Benefit and its Defined Compensation Plan Committees and former RPTE Joint Committee on Employee Benefits Council (JCEB) Representative, Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent” practicing attorney and management consultant, author, public policy advocate, author and lecturer repeatedly recognized for her 30 plus years’ of work and pragmatic thought leadership, publications and training on leadership and management, and compliance concerns as among the “Top Rated Labor & Employment Lawyers in Texas,” a “Legal Leader,” a “Top Woman Lawyer” and with other awards by LexisNexis® Martindale-Hubbell®; as among the “Best Lawyers In Dallas” for her work in the field of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, in International Who’s Who of Professionals and with numerous other awards and distinctions.

Highly valued for her ability to meld her extensive legal and industry knowledge and experience with her talents as an insightful innovator and pragmatic problem solver, Ms. Stamer provides legal, operational and strategic advice, representational and coaching to organizations and their management.

Ms. Stamer also is active in the leadership of a broad range of other public policy advocacy and other professional and civic organizations and involvements. Through these and other involvements, she helps develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other policy and operational areas.

Before founding her current law firm, Cynthia Marcotte Stamer, P.C., Ms. Stamer practiced law as a partner with several prominent national and international law firms for more than 10 years before founding Cynthia Marcotte Stamer, P.C. to practice her unique brand of “Solutions law™” and to devote more time to the pragmatic policy and system reform, community education and innovation, and other health system improvement efforts of her PROJECT COPE: the Coalition on Patient Empowerment initiative.

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 at SolutionsLawPress.com such as the following

 DOL Spending Reports Required As Taxpayer Tool Need Improvement

 Check & Protect Health & Other Electronic Systems & Data Against New Security Threat

 April 1 New Deadline To Update Benefit Plan Disability Determination Claims & Appeals Procesures; Hear More on 1/26

 Arizona Proposal To Ban Sexual Harassment Confidentiality Agreements Sign Of Growing Employer Risks

 $23M Penalty Small Part of 21st Century’s Data Breach Fallout; Offers Data Breach Lessons For Other Businesses

 Take Care of Your Good People

 Read Tax Cuts and Jobs Act Conference Report For Tax Reform From Source

 Check How IRS 2018 Retirement & Saving Plan Limits and Amounts Cost Of Living Adjustments Impact Your HR & Retirement Plan Administration & Planning

 IRS Prepares To Nail Employers Under Obamacare Mandate While Giving Some Individual Mandate Relief

 Hiring & Retaining Workers Growing Business Challenge

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™. For information about republication, please contact the author directly. All other rights reserved

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Director Liability, Dispute Resolutuon, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, management, Officers, Performance Management, Reductions In Force, Risk Management, Workforce, Workforce Management | Leave a comment

Don’t Underestimate Quiet Team Members

Posted on March 24, 2018 by Cynthia Marcotte Stamer

Management often lose the benefit of valuable insights of quiet team members amid the din of input of more assertively expressive team members. Capture this input by structuring avenues to encourage and capture this quiet input.

About The Author

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation; Former Chair of the RPTE Employee Benefits and Compensation Committee, a current Co-Chair of the Committee, and the former Chair of its Welfare Benefit and its Defined Compensation Plan Committees and former RPTE Joint Committee on Employee Benefits Council (JCEB) Representative, Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent” practicing attorney and management consultant, author, public policy advocate, author and lecturer repeatedly recognized for her 30 plus years’ of work and pragmatic thought leadership, publications and training on leadership and management, and compliance concerns as among the “Top Rated Labor & Employment Lawyers in Texas,” a “Legal Leader,” a “Top Woman Lawyer” and with other awards by LexisNexis® Martindale-Hubbell®; as among the “Best Lawyers In Dallas” for her work in the field of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, in International Who’s Who of Professionals and with numerous other awards and distinctions.

Highly valued for her ability to meld her extensive legal and industry knowledge and experience with her talents as an insightful innovator and pragmatic problem solver, Ms. Stamer provides legal, operational and strategic advice, representational and coaching to organizations and their management.

Ms. Stamer also is active in the leadership of a broad range of other public policy advocacy and other professional and civic organizations and involvements. Through these and other involvements, she helps develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other policy and operational areas.

Before founding her current law firm, Cynthia Marcotte Stamer, P.C., Ms. Stamer practiced law as a partner with several prominent national and international law firms for more than 10 years before founding Cynthia Marcotte Stamer, P.C. to practice her unique brand of “Solutions law™” and to devote more time to the pragmatic policy and system reform, community education and innovation, and other health system improvement efforts of her PROJECT COPE: the Coalition on Patient Empowerment initiative.

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 at SolutionsLawPress.com such as the following

▪ DOL Spending Reports Required As Taxpayer Tool Need Improvement

▪ Check & Protect Health & Other Electronic Systems & Data Against New Security Threat

▪ April 1 New Deadline To Update Benefit Plan Disability Determination Claims & Appeals Procesures; Hear More on 1/26

▪ Arizona Proposal To Ban Sexual Harassment Confidentiality Agreements Sign Of Growing Employer Risks

▪ $23M Penalty Small Part of 21st Century’s Data Breach Fallout; Offers Data Breach Lessons For Other Businesses

▪ Take Care of Your Good People

▪ Read Tax Cuts and Jobs Act Conference Report For Tax Reform From Source

▪ Check How IRS 2018 Retirement & Saving Plan Limits and Amounts Cost Of Living Adjustments Impact Your HR & Retirement Plan Administration & Planning

▪ IRS Prepares To Nail Employers Under Obamacare Mandate While Giving Some Individual Mandate Relief

▪ Hiring & Retaining Workers Growing Business Challenge

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™. For information about republication, please contact the author directly. All other rights reserved.

Posted in Leadership, management, Performance Management, Risk Management, Uncategorized, Workforce, Workforce Management | Leave a comment

When the Company makes your Personal Life its Business

Posted on March 22, 2018 by Cynthia Marcotte Stamer

Leaders increasingly face risks from injudicious personal sexual or or other misconduct. See , w.g. Latham Managing Partner Resigns. Use care!

Posted in Uncategorized | Leave a comment

Test Your Limits!

Posted on February 7, 2018 by Cynthia Marcotte Stamer

Posted in Uncategorized | Leave a comment

Leadership 2018

Posted on January 13, 2018 by Cynthia Marcotte Stamer

https://instagram.com/p/BdxNx0NgSku/

Posted in Director Liability, Labor Relations, Leadership, Officers, Teaming, Turnaround Management, Uncategorized, Workforce, Workforce Management | 1 Comment

Secure Devices With Auto-Tracking

Posted on November 18, 2017 by Cynthia Marcotte Stamer

The Department Of Homeland Security National Cyberawareness System National Cybersecurity and Communications Integration Center (NCCIC) is urging stronger cyber security of tags labels or chips that automatically track objects, sensors, and other devices that interact with people and share information machine to machine and receive data automatically through the Internet.

Cars, appliances, wearables, lighting, healthcare, and home security all contain sensing devices that can talk to other machines and trigger additional actions. Examples include devices that direct your car to an open spot in a parking lot; mechanisms that control energy use in your home; control systems that deliver water and power to your workplace; and other tools that track your eating, sleeping, and exercise habits.

Though many security and resilience risks are not new, the scale of interconnectedness created by the Internet of Things increases the consequences of known risks and creates new ones. Attackers take advantage of this scale to infect large segments of devices at a time, allowing them access to the data on those devices or to, as part of a botnet, attack other computers or devices for malicious intent. See Cybersecurity for Electronic Devices, Understanding Hidden Threats: Rootkits and Botnets, and Understanding Denial-of-Service Attacks for more information.

How Do I Improve the Security of Internet-Enabled Devices?

The following are important steps you should consider to make your Internet of Things more secure:

  1. Evaluate your security settings. Most devices offer a variety of features that you can tailor to meet your needs and requirements. Enabling certain features to increase convenience or functionality may leave you more vulnerable to being attacked. It is important to examine the settings, particularly security settings, and select options that meet your needs without putting you at increased risk. If you install a patch or a new version of software, or if you become aware of something that might affect your device, reevaluate your settings to make sure they are still appropriate. See Good Security Habits for more information.
  2. Ensure you have up-to-date software. When manufacturers become aware of vulnerabilities in their products, they often issue patches to fix the problem. Patches are software updates that fix a particular issue or vulnerability within your device’s software. Make sure to apply relevant patches as soon as possible to protect your devices. See Understanding Patches for more information.
  3. Connect carefully. Once your device is connected to the Internet, it’s also connected to millions of other computers, which could allow attackers access to your device. Consider whether continuous connectivity to the Internet is needed.  See Securing Your Home Network for more information.
  4. Use strong passwords. Passwords are a common form of authentication and are often the only barrier between you and your personal information. Some Internet-enabled devices are configured with default passwords to simplify setup. These default passwords are easily found online, so they don’t provide any protection. Choose strong passwords to help secure your device. See Choosing and Protecting Passwords for more information.

For Additional Information

The above tips are just starting points. For more information, see the following resources:

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 management work, coaching, teachings, and publications.

Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. Her day-to-day work encompasses both labor and employment issues, as well as independent contractor, outsourcing, employee leasing, management services and other nontraditional service relationships. She supports her clients both on a real-time, “on demand” basis and with longer term basis to deal with all aspects for workforce and human resources management, including, recruitment, hiring, firing, compensation and benefits, promotion, discipline, compliance, trade secret and confidentiality, noncompetition, privacy and data security, safety, daily performance and operations management, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.

Well-known for her extensive work with health, insurance, financial services, technology, energy, manufacturing, retail, hospitality, governmental and other highly regulated employers, her nearly 30 years’ of experience encompasses domestic and international businesses of all types and sizes.

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other concerns by her service as a management consultant,  business coach and consultant and policy strategist as well through her leadership participation in professional and civic organizations such her involvement as the Vice Chair of the North Texas Healthcare Compliance Association; Executive Director of the Coalition on Responsible Health Policy and its PROJECT COPE: Coalition on Patient Empowerment; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children; former Gulf Coast TEGE Council Exempt Organization Coordinator; a founding Board Member and past President of the Alliance for Healthcare Excellence; former board member and Vice President of the Managed Care Association; past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; a member and policy adviser to the National Physicians’ Council for Healthcare Policy; current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee; current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section; Past Chair of the ABA Health Law Section Managed Care & Insurance Section; ABA Real Property Probate and Trust (RPTE) Section former Employee Benefits Group Chair, immediate past RPTE Representative to ABA Joint Committee on Employee Benefits Council Representative, and Defined Contribution Committee Co-Chair, past Welfare Benefit Committee Chair and current Employee Benefits Group Fiduciary Responsibility Committee Co-Chair, Substantive and Group Committee member, Membership Committee member and RPTE Representative to the ABA Health Law Coordinating Council; past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a former member of the Board of Directors, Treasurer, Member and Continuing Education Chair of the Southwest Benefits Association and others.

Ms. Stamer also is a widely published author, highly popular lecturer, and serial symposia chair, who publishes and speaks extensively on human resources, labor and employment, employee benefits, compensation, occupational safety and health, and other leadership, performance, regulatory and operational risk management, public policy and community service concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications and speaks and conducts training for a broad range of professional organizations and for clients on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.

Want to know more? See here for details about the author of this update, attorney Cynthia Marcotte Stamer, e-mail her here or telephone Ms. Stamer at (469) 767-8872.

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 at SolutionsLawPress.com such as the following:

▪ RAISE Act Immigration Reforms Touted As “Giving Americans A Raise”

▪ Health Clinic At Houston Convention Center, Other HHS Help For Hurricane Harvey Victims

▪ IRS Updates Amounts Used To Calculate 2017 Obamacare Individual Individual Shares Responsibility Tax Penalties

▪ DB Plan Sponsors Check Out New Bifurcated Distribution Model Amendmentsy

▪ U.S. News Names 2017-2018 “Best” Hospitals; Patient Usefulness Starts With Metholodogy Understanding

▪ Use Lessons Of Past Mistakes or Injustice To Build Better Future

▪ Prepare For Turnover, Other Challenges From Rising Workforce Competition

▪ Employers, Health Plans Should Brace For Tightened Federal Mental Health Coverage Mandate Disclosure And Enforcement

▪ Withholding Calculator Tool Helps Workers Figure Withholding

▪ Better Preparing U.S. Workers To Fill Your Jobs

▪ SCOTUS Ruling Bars Many State Arbitration Agreement Restrictions

▪ $2.4M HIPAA Settlement Message Warns Health Plans & Providers Against Sharing Medical Info With Media, Others

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™   For information about republication, please contact the author directly.  All other rights reserved.

Posted in Compliance, Cyber, data breach, Data Security, Privacy, Risk Management | Tagged , , | Leave a comment

Corporations As Human Bodies

Posted on November 17, 2017 by Cynthia Marcotte Stamer

People too often characterize corporation as if they are some amorphous entity disconnected from humanity. This is a mistake.

Corporations by their very essence are collections of people interacting with and impacting other groups of people.. People run them. People own them. People or other organizations made up of people are their customers and their suppliers. Their actions have consequences for people. Their success or failure turns on how people or groups of people react to them.

Understanding and mastering the institutionalized humanity that makes up every corporation and its environment is the key to the optimal performance of corporations internally and externally.

Business leaders that forget that they are their people and their actions tend to struggle with turnover, compliance and productivity.

Business leadership missed read to him and expectations that drive success of their business and marketing plan tend to be less successful. The most amazing product in the world is worthless nobody wants to buy it.

Government labor leaders that justify overtaxing corporations with taxes or other expensive mandates by casting corporations as inhuman bottomless pits of money hobble or kill the goose that lays the golden egg. At the end of the day, corporations and other businesses are made up of the workers that work for the business and the shareholders own them. For the relatively few millionaires that own stock in companies, there are millions of ordinary Joe’s that depend upon the businesses to make a living and depend upon successful performance at the corporation for the retirement and other savings.

Dehumanization of corporations and other businesses harm those who depend on their success: people.

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 management work, coaching, teachings, and publications.

Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. Her day-to-day work encompasses both labor and employment issues, as well as independent contractor, outsourcing, employee leasing, management services and other nontraditional service relationships. She supports her clients both on a real-time, “on demand” basis and with longer term basis to deal with all aspects for workforce and human resources management, including, recruitment, hiring, firing, compensation and benefits, promotion, discipline, compliance, trade secret and confidentiality, noncompetition, privacy and data security, safety, daily performance and operations management, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.

Well-known for her extensive work with health, insurance, financial services, technology, energy, manufacturing, retail, hospitality, governmental and other highly regulated employers, her nearly 30 years’ of experience encompasses domestic and international businesses of all types and sizes.

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other concerns by her service as a management consultant,  business coach and consultant and policy strategist as well through her leadership participation in professional and civic organizations such her involvement as the Vice Chair of the North Texas Healthcare Compliance Association; Executive Director of the Coalition on Responsible Health Policy and its PROJECT COPE: Coalition on Patient Empowerment; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children; former Gulf Coast TEGE Council Exempt Organization Coordinator; a founding Board Member and past President of the Alliance for Healthcare Excellence; former board member and Vice President of the Managed Care Association; past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; a member and policy adviser to the National Physicians’ Council for Healthcare Policy; current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee; current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section; Past Chair of the ABA Health Law Section Managed Care & Insurance Section; ABA Real Property Probate and Trust (RPTE) Section former Employee Benefits Group Chair, immediate past RPTE Representative to ABA Joint Committee on Employee Benefits Council Representative, and Defined Contribution Committee Co-Chair, past Welfare Benefit Committee Chair and current Employee Benefits Group Fiduciary Responsibility Committee Co-Chair, Substantive and Group Committee member, Membership Committee member and RPTE Representative to the ABA Health Law Coordinating Council; past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a former member of the Board of Directors, Treasurer, Member and Continuing Education Chair of the Southwest Benefits Association and others.

Ms. Stamer also is a widely published author, highly popular lecturer, and serial symposia chair, who publishes and speaks extensively on human resources, labor and employment, employee benefits, compensation, occupational safety and health, and other leadership, performance, regulatory and operational risk management, public policy and community service concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications and speaks and conducts training for a broad range of professional organizations and for clients on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.

Want to know more? See here for details about the author of this update, attorney Cynthia Marcotte Stamer, e-mail her here or telephone Ms. Stamer at (469) 767-8872.

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 at SolutionsLawPress.com such as the following:

▪ RAISE Act Immigration Reforms Touted As “Giving Americans A Raise”

▪ Health Clinic At Houston Convention Center, Other HHS Help For Hurricane Harvey Victims

▪ IRS Updates Amounts Used To Calculate 2017 Obamacare Individual Individual Shares Responsibility Tax Penalties

▪ DB Plan Sponsors Check Out New Bifurcated Distribution Model Amendmentsy

▪ U.S. News Names 2017-2018 “Best” Hospitals; Patient Usefulness Starts With Metholodogy Understanding

▪ Use Lessons Of Past Mistakes or Injustice To Build Better Future

▪ Prepare For Turnover, Other Challenges From Rising Workforce Competition

▪ Employers, Health Plans Should Brace For Tightened Federal Mental Health Coverage Mandate Disclosure And Enforcement

▪ Withholding Calculator Tool Helps Workers Figure Withholding

▪ Better Preparing U.S. Workers To Fill Your Jobs

▪ SCOTUS Ruling Bars Many State Arbitration Agreement Restrictions

▪ $2.4M HIPAA Settlement Message Warns Health Plans & Providers Against Sharing Medical Info With Media, Other

If you or someone else you know would like to receive future updates about developments on these and other concerns, please provide your current contact information and preferences including your preferred e-mail by creating or updating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

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©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions  Law Press, Inc.™   For information about republication, please contact the author directly.  All other rights reserved.

Posted in Board of Directors, CEO, CFO, Compliance, Employment, Internal Controls, Labor Relations, Leadership, Stock Plans, Uncategorized | Leave a comment

Check Patriot Act Controls For New FinCEN Rules Targeting North Korea Connected Transactions

Posted on November 3, 2017 by Cynthia Marcotte Stamer

Banks and other financial institutions need to review their current USA PATRIOT Act procedures and safeguards in response to an alert and a new final rule relating financial institutions published by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) today.

Earlier today, FINCEN issued a final rule under Section 311 of the USA PATRIOT Act that severs Bank of Dandong, a Chinese bank that acts as a conduit for illicit North Korean financial activity, from the U.S. financial system.  FinCEN also issued an advisory to further alert financial institutions to schemes commonly used by North Korea to evade U.S. and United Nations (UN) sanctions, launder funds, and finance the North Korean regime’s weapons programs.

See the new rule here.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in bank secrecy act, Compliance, Cyber, Data Security, Internal Controls, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Reconstruct Records After a Disaster

Posted on October 12, 2017 by Cynthia Marcotte Stamer

Are you trying to help your business or family clean up the mess and recover from a hurricane, flood, fire or other disaster?

Reconstructing records to prove a loss for tax purposes, getting federal assistance, or insurance reimbursement often is one of the daunting challenges disaster victims face. Some tips that might help your business or family reconstruct your records include:

  • To create a list of lost inventories, business owners can get copies of invoices from suppliers. Whenever possible, the invoices should date back at least one calendar year.
  • For information about income, business owners can get copies of last year’s federal, state and local tax returns. These include sales tax reports, payroll tax returns, and business licenses from the city or county. These will reflect gross sales for a given period.
  • Owners should check their mobile phone or other cameras for pictures and videos of their building, equipment and inventory.
  • Business owners who don’t have photographs or videos may for some purposes be able to simply sketch an outline of the inside and outside of their location. For example, for the inside the building, draw out where equipment and inventory was located. For the outside of the building, map out the locations of items such as shrubs, parking, signs, and awnings.

For more suggestions and guidance on responding to a disaster, check out the following resources:

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in CEO, CFO, Compliance, Internal Controls, Risk Management, Tax, Uncategorized | Leave a comment

Hurricane Impacted Financial Institutions Tell FinCEN If BSA Reports Delayed

Posted on October 4, 2017 by Cynthia Marcotte Stamer

The Financial Crimes Enforcement Network (FinCEN) says recent financial institutions affected by Hurricanes Harvey, Irma, and Maria should contact FinCEN and their functional regulator as soon as practicable to discuss any delays in their ability to file required Bank Secrecy Act reports.  Institutions seeking to contact FinCEN should call the FinCEN Resource Center at 1-800-949-2732 and select option 8 or e-mail at FRC@fincen.gov.

In light of the fluid nature of the various recovery efforts, FinCEN also encourages financial institutions to keep FinCEN and their functional regulators informed as their circumstances change.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client.  hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best  recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering,  and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers,  she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Internal Controls, Officers, Tax, Uncategorized | Tagged , , , , , , , , , , , , | Leave a comment

Training For Performance

Posted on September 5, 2017 by Cynthia Marcotte Stamer

Effective training and coaching should be key tools in every organization’s performance enhancing toolkit. Unfortunately, many training and coaching investments fail to materially impact performance because the “solution” is so generic in content, delivery or both to work.

Over the past 20 years, the training and coaching industry have morphed into self-declared “solutions” where demand and solution increasingly are divorced from the performance needs of the companies urged to purchase it or the people whose performance it is sold to influence.

While training inherently assumes some core content to be conveyed in a systematic manner, it’s effectiveness depends upon it’s ability to effectively engage the recipient in a manner that leads the recipient to adopt and use the lesson to better and more reliably perform the expected activities on a reliable basis.

And the rest for efficiency and cost effectiveness, too many of today’s training “solutions” fail to achieve this essential purpose because they offer a solution that Miss diagnoses the real problem, fail to engage the student or both.

Business leaders purchasing training should start I’m having a clear understanding of why they are offering the training and their expectation of the performance goals justifying the training. Even where the training is provided to enable to company to check the box on regulatory or contractual training requirements, it is not checking the box but changing the behavior that is the expectation. Rather than looking for the cheapest commit to looking for something that gives you the best bang for the buck to engage your team to meaningfully adopt the information and incorporate it into their self performance management to self- manage their own performance.

Effective training changes performance in a positive way the reduces the need for management to manage that performance. Investing wisely in good training helps management manage better.

Posted in Uncategorized | Leave a comment

Use Lessons Of Past Mistakes or Injustice To Build Better Future

Posted on August 18, 2017 by Cynthia Marcotte Stamer

In life and society, mistakes and injustice happen. Leaders should strive to prevent as many mistakes and injustices as possible. Once they’ve happened, however, learn lessons from the past to improve the future. More

Posted in Board of Directors, CEO, CFO, Compliance, Director Liability, discrimination, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, Officers Liability, Performance Management, Uncategorized, Workforce, Workforce Management | Leave a comment

Improving Education To Better Train US Workers To Fill US Jobs

Posted on July 25, 2017 by Cynthia Marcotte Stamer

A Facebook Post touting “Not Everyone Is A Doctor or Lawyer” prompts me to ask U.S. business leaders and families for their opinion about how well the U.S. education system works to provide the education and training necessary to provide workers ready to join and succeed in the current and future economy and the workers businesses need.  How do you thing our education system is doing?  What are your thoughts on what steps you believe US needs to take to better prepare our young people and train or retrain our underemployed adults to gain self-supporting employment and meet the needs of business?

DFW and many other US communities are struggling to find enough skilled tradespeople, programmers, call center workers and other key positions. While businesses continue to insist that shortage of suitably skilled and trained workers in these and other key positions make the continued availability of foreign workers essential and create other challenges,  many college-educated U.S. workers remain unemployed or underemployed.  Meanwhile, the U.S. education system continues to focus on churning out an unending stream of one-size-fits-all, college bound, lemming not leader graduates, too many of which struggle to find employment at a pay rate that justifies the cost of their college degrees in the new marketplace.

While the importation of foreign workers often helps to ease some of the operational challenges that arise from a scarcity of qualified workers, the importation of foreign labor in lieu of developing qualified workers residing in the U.S. leaves U.S. businesses burdened by the tax burdens of supporting the public relief and other supports imposed by government to provide unemployment and other relief for the surplus of unqualified U.S. workers left under or unemployed.

The US, its businesses, families and communities need and deserve better to produce and maintain a sustainable economy that provides meaningful earning opportunities for our citizens and residents.  To accomplish this, U.S. business leaders need to take the lead in helping to define the skills and abilities their businesses need today and will need in the future, and helping to reshape the education and training systems to better produce U.S. workers  qualified to fill the needs of businesses operating in the U.S.

Does your business experience challenges finding qualified workers resident in the U.S.?  What types of positions are you having trouble filling?  What skills and qualifications are U.S. candidate lacking?  What changes in training or education are needed to address these challenges?  How would you fix the system?

About The Author 

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 management advice, coaching, teachings, publications, policy advocacy and other leadership.

Recognized 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, Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of business operations, leadership and governance, human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. Her day-to-day work encompasses both general corporate and business legal, contractual, and operational issues, as well their labor and employment, independent contractor, outsourcing, employee leasing, management services and other nontraditional service relationships and other workforce, employee benefits, compensation, contracting, performance management and related issues.

Ms. Stamer supports her clients both on a real-time, “on demand” basis and with longer term basis to deal with general corporate, business, contracting and other business; as well as all aspects of human resources and workforce management, including, recruitment, hiring, firing, compensation and benefits, promotion, discipline, compliance, trade secret and confidentiality, noncompetition, privacy and data security, safety, daily performance and operations management, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.

Well-known for her extensive work with health, insurance, financial services, technology, energy, manufacturing, retail, hospitality and governmental employers, her nearly 30 years’ of experience encompasses domestic and international businesses of all types and sizes.

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other concerns by her service in the leadership of a broad range of other professional and civic organization including her involvement as the Vice Chair of the North Texas Healthcare Compliance Association; Executive Director of the Coalition on Responsible Health Policy and its PROJECT COPE: Coalition on Patient Empowerment; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children; former Gulf Coast TEGE Council Exempt Organization Coordinator; a founding Board Member and past President of the Alliance for Healthcare Excellence; former board member and Vice President of the Managed Care Association; past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; a member and advisor to the National Physicians’ Council for Healthcare Policy; current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee; current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section; Past Chair of the ABA Health Law Section Managed Care & Insurance Section; a current Defined Contribution Plan Committee Co-Chair, former Group Chair and Co-Chair of the ABA RPTE Section Employee Benefits Group; immediate past RPTE Representative to ABA Joint Committee on Employee Benefits Council Representative and current RPTE Representative to the ABA Health Law Coordinating Council; past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a former member of the Board of Directors, Treasurer, Member and Continuing Education Chair of the Southwest Benefits Association and others.

Ms. Stamer also is a highly popular lecturer, symposia chair and author, who coaches management, publishes and speaks extensively on leadership, human resources, labor and employment, employee benefits, compensation, occupational safety and health, and other regulatory and operational risk management.  She is the author of thousands of other publications, programs and workshops on these and other concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications and speaks and conducts training for a broad range of professional organizations and for clients on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.

Want to know more? See here for details about the author of this update, attorney Cynthia Marcotte Stamer, e-mail her here or telephone Ms. Stamer at (469) 767-8872.

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 at SolutionsLawPress.com
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©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™ All other rights reserved.

Posted in Board of Directors, CEO, CFO, Compliance, education, Employment, Internal Controls, Labor Relations, Risk Management, Uncategorized, Workforce | Tagged , , , | Leave a comment

Leadership Starts & Ends At The Top

Posted on July 16, 2017 by Cynthia Marcotte Stamer

Business leaders expecting better ethical, legal and operational compliance and leadership achieve their goals easier when leaders lead by example.  

Recent media coverage of sexual harassment and other transgressions by senior management at Fox News, Uber, Enron and a multitude of other businesses illustrate the adverse legal and operational challenges that can flow from tolerating management behavior prohibited by those they lead.  

For this reason, businesses should require and hold leaders accountable for following the rules  contractually and operationally.
Check out this great example from Drop Box CEO Drew Houston about leadership and accountability.

Posted in Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Director Liabiloity, Internal Controls, Leadership, Officers, Officers Liability, Performance Management, Risk Management, Workforce Management | Leave a comment

Take Your Preventive Medicine

Posted on June 22, 2017 by Cynthia Marcotte Stamer

Better planning and management can head off most but not all problems. Sometimes stuff happens even when you do everything right. Either way, better management usually minimizes the damage and makes it easier to clean up the mess. It’s never to late to start planning, preparing and doing better! Photo Credit.

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Businesses that experience data breaches affecting customer banking credit card, tax, social security or certain other personal financial or other sensitive information like those reported by like Chipotle, Target, Home Depot and a growing multitude of other businesses generally bear a legal duty quickly to notify affected individuals under state, if not federal law. Failing to promptly notify affected persons generally creates or enhances the potential exposure of the business to regulatory penalties for failing to comply with data security and breach notification rules as well as increases the practical likelihood thatched business will face damages arising from financial or other injuries suffered by subjects of the data as a result of misused of misappropriated data by identity thieves before the subject learns of or has an opportunity to mitigate their exposure.

Depending on the nature of the business and the data it collects, a business generally bears a duty to safeguard the confidentiality and security of wide range of electronic or other personal financial, tax and other data under various federal and state laws such as the Fair and Accurate Credit Transactions Act (FACTA), the Internal Revenue Code, the Health Insurance Portability & Accountability Act (HIPAA), state identity theft, and a host of other statutes and regulations, contractual agreements, or both.  

While the particulars vary somewhat depending on the jurisdiction, nature of the business or other factors, the applicable state electronic confidentiality and data security requirements in most states and under some federal laws include express duties to notify subjects of the breached data and in some cases, regulators, or others when a breach happens as quickly as possible or otherwise within a narrow window of time following the breach or its discovery.

For instance, in addition to requiring businesses to secure and protect “sensitive personal information, the Identity Theft Enforcement and Protection Act generally requires businesses operating in Texas that experience an “unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information” (“breach of system security”) to disclose any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person as “quickly as possible.”

Where the breach impacts computerized data that includes sensitive personal information not owned by the business experiencing the breach, Texas law also generally requires the breached business “to notify the owner or license holder of the information of any breach of system security immediately after discovering the breach, if the sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person” in the time and manner required by the statute. While the law permits delayed notice under certain narrow circumstances to avoid impeding law enforcement efforts, these breach notifications generally apply in addition to any notice or disclosure obligations otherwise applicable to the business contractually or under federal law.

Failing to fulfill these duties can be an expensive mistake. In addition to any otherwise contractual or civil liability for damages sustained by the subjects or owners of the breached data and penalties applicable under federal law, the Texas law specifies that violation of its requirements:

Is a deceptive trade practice that can render the business liable to injured subjects for civil judgements awarding actual and exemplary damages plus attorneys’ fees and other costs of enforcement; 
Subjects the business to liability for a civil penalty to the State of Texas:
Genrrally of at least $2,000 but not more than $50,000 for each violation;”  
If the business fails to take reasonable action to comply with the notice requirements of the statute, liability for a civil penalty of up to $100 per day (not to exceed $250,000 for all individuals to whom notification is due after a single breach) for each individual to whom notification is due for each consecutive day that the person fails to take reasonable action to comply with the notice requirement; 
In some cases, equitable relief to (1) prevent any additional harm to a victim of identity theft or a further violation of this chapter; or (2) satisfy any judgment entered against the defendant, including issuing an order to appoint a receiver, sequester assets, correct a public or private record, or prevent the dissipation of a victim’s assets; plus attorneys’ fees and other costs of enforcement.
Where a business operates in multiple states, the business typically faces exposure under the laws of each jurisdiction where it operates with data impacted by the breach.

Given the potential magnitude of the liability, businesses generally not only need to take well documented steps properly to safeguard sensitive electronic sensitive personal information and systems holding or using it as well as be prepared to promptly provide notice in the event of any breach with the short time contemplated by law. When considering when to provide notice of a breach, business leaders should anticipate that the short deadline for providing notice to impacted subjects and owners if the compromised data typically will require notification before a full investigation of the breach can be completed. Given the potential sanctions for failing to provide timely notice, however, a business generally will want to consult with legal counsel knowledgeable about and experienced in counseling and assisting businesses to identify and provide the required notifications within the scope of attorney-client privilege. In deciding when and what legal counsel to seek, business leaders should be cautious about discussing sensitive information with it involving risk management or other consulting vendors or services not engaged within the scope of attorney-client privilege to help safeguard sensitive discussions and analysis from otherwise avoidable evidentiary discovery. Likewise, given the short time allowed for breach mitigation and notification, businesses should weigh carefully whether to engage regulatory counsel to assist with the initial breach notification and mitigation, separate and apart from cyber litigation defense counsel that might be available under applicable cyber insurance policies unless the proposed litigation defense counsel has proven regulatory knowledge, experience and qualifications handling breach mitigation and notification events.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work with business and government clients and their leaders as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. Stamer serves as outside general counsel and special counsel advice, representation and other legal and operations services on a real-time “on demand,” special project and ongoing basis tailored to the needs of the client. hroughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Best recognized for her work on labor and employment, employee benefits and compensation, healthcare, insurance and risk management, technology and privacy and data security concerns, her experience encompasses work with management of a diverse array of clients and matters including domestic and multinational employers across many industries, health and other employee benefit plans, payroll, staffing, recruitment, technology, audit, training and coaching, consultin, and other outsourcing service providers, public and private health care providers, health and other insurers, banking and financial services, manufacturing, retail and other sales, hospitality, manufacturing, consulting, engineering bankruptcy, turnaround management restructuring and reengineering, and other change management, technology and other vendors, nonprofit, government and others domestically and internationally.

Author of a multitude of highly-regarded works and training programs on published by BNA, the ABA and other premier legal and other industry publishers, she also consults to and trains business and government and their leaders and speaks extensively about a wide range of general and special legal, business process and operations a and other concerns.  

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional, charitable and civic organizations. Through these and other involvements, she provides hands on leadership, consulting and other support to develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other operations and policies. 

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved. 

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Data Security, Director Liability, E&O, Employee Benefits, Employment, ESOP, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, Leadership, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Teaming, Turnaround Management, Workforce Management | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Businesses Must Prepare To Respond For Potential Data Breach To Timely Meet Notice & Other Response Duties

Posted on May 31, 2017 by Cynthia Marcotte Stamer

Businesses that experience data breaches affecting customer banking credit card, tax, social security or certain other personal financial or other sensitive information like those reported by like Chipotle, Target, Home Depot and a growing multitude of other businesses generally bear a legal duty  quickly to notify affected individuals under state, if not federal law.  Failing to promptly notify affected persons generally creates or enhances the potential exposure of the business to regulatory penalties for failing to comply with data security and breach notification rules as well as increases the practical likelihood thatched business will face damages arising  from financial or other injuries suffered by subjects of the data as a result of  misused of misappropriated data by identity thieves before the subject learns of or has an opportunity to mitigate their exposure.

Depending on the nature of the business and the data it collects, a business generally bears a duty to safeguard the confidentiality and security of wide range of electronic or other personal financial, tax and other data under various federal and state laws such as the Fair and Accurate Credit Transactions Act (FACTA), the Internal Revenue Code, the Health Insurance Portability & Accountability Act (HIPAA), state identity theft, and a host of other statutes and regulations, contractual agreements, or both.  

While the particulars vary somewhat depending on the jurisdiction, nature of the business or other factors, the applicable state electronic confidentiality and data security requirements in most states and under some federal laws include express duties to notify subjects of the breached data and in some cases, regulators, or others when a breach happens as quickly as possible or otherwise within a narrow window of time following the breach or its discovery.

For instance, in addition to requiring businesses to secure and protect “sensitive personal information, the Identity Theft Enforcement and Protection Act generally requires businesses operating in Texas that experience an  “unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information”  (“breach of system security”) to disclose any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person as “quickly as possible.”

Where the breach impacts  computerized data that includes sensitive personal information not owned by the business experiencing the breach, Texas law also generally requires the breached business “to notify the owner or license holder of the information of any breach of system security immediately after discovering the breach, if the sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person” in the time and manner required by the statute.  While the law permits delayed notice under certain narrow circumstances to avoid impeding law enforcement efforts, these breach notifications generally apply in addition to any notice or disclosure obligations otherwise applicable to the business contractually or under federal law.

Failing to fulfill these duties can be an expensive mistake.  In addition to any otherwise contractual or civil liability for damages sustained by the subjects or owners of the breached data and penalties applicable under federal law, the Texas law specifies that violation of its requirements:

  • Is a deceptive trade practice that can render the business liable to injured subjects for civil judgements awarding actual and exemplary damages plus attorneys’ fees and other costs of enforcement; 
  • Subjects the business to liability for a civil penalty to the State of Texas:
  • Genrrally of at least $2,000 but not more than $50,000 for each violation;”  
  • If the business  fails to take reasonable action to comply with the notice requirements of the statute,  liability for a civil penalty of up to $100 per day (not to exceed $250,000 for all individuals to whom notification is due after a single breach) for each individual to whom notification is due for each consecutive day that the person fails to take reasonable action to comply with the notice requirement; 
  • In some cases, equitable relief to (1) prevent any additional harm to a victim of identity theft or a further violation of this chapter; or (2) satisfy any judgment entered against the defendant, including issuing an order to appoint a receiver, sequester assets, correct a public or private record, or prevent the dissipation of a victim’s assets; plus attorneys’ fees and other costs of enforcement.

Where a business operates in multiple states, the business typically faces exposure under the laws of each jurisdiction where it operates with data impacted by the breach.

Given the potential magnitude of the liability, businesses generally not only need to take well documented steps properly  to safeguard sensitive electronic sensitive  personal information and systems holding or using it as well as be prepared to promptly provide notice in the event of any breach with the short time contemplated by law.  When considering when to provide notice of a breach, business leaders should anticipate that the short deadline for providing notice to impacted subjects and owners if the compromised data typically will require notification before a full investigation of the breach can be completed.  Given the potential sanctions for failing to provide timely notice, however, a business generally will want to consult with legal counsel knowledgeable about and experienced in counseling and assisting businesses to identify and provide the required notifications within the scope of attorney-client privilege.  In deciding when and what legal counsel to seek, business leaders should be cautious about discussing sensitive information with it involving risk management or other consulting vendors or services not engaged within the scope of attorney-client privilege    to help safeguard sensitive discussions and analysis from otherwise avoidable evidentiary discovery.  Likewise, given the short time allowed for breach mitigation and notification, businesses should weigh carefully whether to engage regulatory counsel  to assist with the initial breach notification and mitigation, separate and apart from cyber litigation defense counsel that might be available under applicable cyber insurance policies unless the proposed litigation defense counsel has proven  regulatory knowledge, experience and qualifications handling breach mitigation and notification events.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work on health, insurance,  financial, retail, hospitality industry, manufacturing, service, energy, government and other privacy and data security and other  legal and operationalconcerns as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

Scribe for ABA JCEB annual agency meeting with OCR for many years, Ms. Stamer is well-known for her extensive work and leadership throughout her career on HIPAA, FACTA, PCI, IRC and other tax, Social Security, GLB, trade secret, physician and other medical confidentiality and privacy, federal and state data security and data breach and other information privacy and data security rules and concerns. Ms. Stamer has worked extensively throughout her career with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks, insurers and other financial institutions, and others on trade secret confidentiality, privacy, data security and other risk management and compliance including design, establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, drafting and negotiation of business associate, chain of custody, confidentiality, and other contracting; risk assessments, audits and other risk prevention and mitigation; investigation, reporting, mitigation and resolution of known or suspected breaches, violations or other incidents; and defending investigations or other actions by plaintiffs, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others; reporting known or suspected violations; commenting or obtaining other clarification of guidance and other regulatory affairs, training and enforcement, and a host of other related concerns.

Her clients include public and private health care providers, health insurers, health plans, employers, payroll, staffing, recruitment, insurance and financial services, health and other technology and other vendors, and others.

Author of a multitude of highly-regarded works and training programs on HIPAA and other data security, privacy and use published by BNA, the ABA and other premier legal industry publishers In addition to representing and advising these organizations, she also speaks extensively and conducts training on health care and other privacy and data security and many other matters Privacy & The Pandemic for the Association of State & Territorial Health Plans, as well as HIPAA, FACTA, PCI, medical confidentiality, insurance confidentiality and other privacy and data security compliance and risk management for Los Angeles County Health Department, ISSA, HIMMS, the ABA, SHRM, schools, medical societies, government and private health care and health plan organizations, their business associates, trade associations and others.  For instance, Ms. Stamer has been a featured faculty member at the ISSA-LA information Security Summit for each of the past 9 years and has served as steering committee chair, faculty member and moderator  its Medical Privacy Summit for the past 5 years.

Beyond these involvements, Ms. Stamer also is active in the leadership of a broad range of other professional and civic organizations. Through these and other involvements, she helps develop and build solutions, build consensus, garner funding and other resources, manage compliance and other operations, and take other actions to identify promote tangible improvements in health care and other policy and operational areas.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, D&O, data breach, Data Security, Director Liability, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Leadership, Officers, Officers Liability, Performance Management, Privacy, Retirement Plans, Tax | Leave a comment

Leaders Find The Hidden Talents On Their Team

Posted on May 31, 2017 by Cynthia Marcotte Stamer

Leadership done right takes less management. Learn to lead better and hire and develop strong and effective leaders to succeed more reliably with less effort.

About The Author

Cynthia Marcotte Stamer is a Martindale-Hubble “AV-Preeminent (Top 1%) rated practicing attorney and management consultant, health industry public policy advocate, widely published author and lecturer, recognized for her nearly 30 years’ of work on health, insurance,  financial, retail, hospitality industry, manufacturing, service, energy, government and other privacy and data security and other  legal and operationalconcerns as a LexisNexis® Martindale-Hubbell® “LEGAL LEADER™ and “Top Rated Lawyer,” in Health Care Law and Labor and Employment Law; a D Magazine “Best Lawyers In Dallas” in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law,” a Fellow in the American Bar Foundation, the Texas Bar Foundation and the American College of Employee Benefit Counsel.

For additional information about Ms. Stamer, see here or contact Ms. Stamer directly by e-mail here or by telephone at (469) 767-8872. ©2017 Cynthia Marcotte Stamer. Limited, non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in Uncategorized | Leave a comment

Supreme Court Ruling Boosts Arbitration Agreements’ Enforcability 

Posted on May 16, 2017 by Cynthia Marcotte Stamer

Monday’s U.S. Supreme Court ruling in Kindred Nursing Centers L.P. v. Clark boosts the ability of health care and other businesses and employers to enforce contractual agreements to arbitrate free from State law interference. Employers and businesses in jurisdictions where States imposing special requirements for the enforcement of arbitration agreements may want to consult with legal counsel about the implications of the decision on their ability to use and enforce arbitration agreements as well as on any ongoing litigation where the enforceability of arbitration agreements based on state law restrictions is an issue.

Monday’s U.S. Supreme Court ruling in Kindred Nursing Centers L.P. v. Clark boosts the ability of health care and other businesses and employers to enforce contractual agreements to arbitrate free from State law interference. Employers and businesses in jurisdictions where States imposing special requirements for the enforcement of arbitration agreements may want to consult with legal counsel about the implications of the decision on their ability to use and enforce arbitration agreements as well as on any ongoing litigation where the enforceability of arbitration agreements based on state law restrictions is an issue.  Likewise, most businesses will want to re-evaluate the effects of their agreement to arbitration agreements in past and future contracts.

In Kindred, the Supreme Court ruled the FAA blocks states from making arbitration agreements harder to enforce than other contracts.  While specifically addressing the effect of the FAA on a health care contract with a patient, the decision has implications upon a broad range of state law restrictions on the enforcement of arbitration agreements including agreements between businesses and their employees, customers, vendors, suppliers, and others.

The Kindred decision arose from Kindred’s appeal of a Kentucky Supreme Court ruling that blocked Kindred from enforcing a contractual agreement to use arbitration to resolve disputes in a nursing home admission contracts signed pursuant to power of attorneys because neither power of attorney specifically entitled the representative to enter into an arbitration agreement. The Kentucky Supreme Court imputed the requirement that the power of attorney specifically grant authority to agree to arbitration because the Kentucky Constitution declares the rights of access to the courts and trial by jury to be “sacred” and “inviolate.”

The U.S. Supreme Court in Kindred held that the Kentucky Supreme Court’s clear-statement rule violates the Federal Arbitration Act (FAA) by singling out arbitration agreements for disfavored treatment. Pp. 4–10.

The Supreme Court decision construed the FAA provision that arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,” 9 U. S. C. §2, as requiring equal treatment of arbitration provisions with other contractual provisions.  Under this equal treatment principle, the Supreme Court ruled a court may invalidate an arbitration agreement based on “generally applicable contract defenses,” but not on legal rules that “apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue.” Accordingly, the Supreme Court ruled that the FAA preempts any state rule that discriminates on its face against arbitration or that covertly accomplishes the same objective by disfavoring contracts that have the defining features of arbitration agreements.

Concluding that the Kentucky Supreme Court’s clear statement rule fails to put arbitration agreements on an equal plane with other contracts by requiring an explicit statement before an agent can relinquish her principal’s right to go to court and receive a jury trial, the Supreme Court found the Kentucky Supreme Court did exactly what the FAA barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement. Pp. 4–7. Accordingly the Supreme Court ordered the arbitration agreements enforced in Kindred.

Management Pointers & Action Items

The Supreme Court’s construction of the FAA as establishing an “equal protection” rule for arbitration provisions is likely to have implications beyond health care contracts to a broad range of other state laws and rules that purport to protect consumers, employees and others to contractually waive their litigation rights. While the Supreme Court ruling leaves open the ability to challenge arbitration clauses on contractual grounds generally applicable to all contracts, special State law rules for enforcing arbitration are not allowed.

Management should review their arbitration agreements and related dispute resolution agreements with qualified legal counsel for potential options to reduce risks and manage dispute resolution costs using arbitration agreements with employees, customers, service providers and others as well as to understand the implications of existing arbitration clause is on their exposures to others arising from contractual agreements to arbitrate previously thought to be subject to state law restrictions on enforceability.  Businesses and individuals considering entering in or enforcing arbitration agreements should keep in mind, however, that the Kindred ruling does not insulate arbitration agreements from State law defenses that apply equally to other non-arbitration contracts.

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 work, teachings and publications.

Ms. Stamer works domestically and internationally with health, insurance and financial services, data and technology, services and consulting, energy, retail, hospitality and other businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. Her day-to-day work encompasses both labor and employment issues, as well as independent contractor, outsourcing, employee leasing, management services and other nontraditional service relationships. She supports her clients both on a real-time, “on demand” basis and with longer term basis to deal with all aspects for workforce and human resources management, including, recruitment, hiring, firing, compensation and benefits, promotion, discipline, compliance, trade secret and confidentiality, noncompetition, privacy and data security, safety, daily performance and operations management, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.

Well-known for her extensive work with health, insurance, financial services, technology, energy, manufacturing, retail, hospitality and governmental employers, her nearly 30 years’ of experience encompasses domestic and international businesses of all types and sizes.A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other concerns by her service in the leadership of a broad range of other professional and civic organization including her involvement as the Vice Chair of the North Texas Healthcare Compliance Association; Executive Director of the Coalition on Responsible Health Policy and its PROJECT COPE: Coalition on Patient Empowerment; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children; former Gulf Coast TEGE Council Exempt Organization Coordinator; a founding Board Member and past President of the Alliance for Healthcare Excellence; former board member and Vice President of the Managed Care Association; past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; a member and advisor to the National Physicians’ Council for Healthcare Policy; current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee; current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section; Past Chair of the ABA Health Law Section Managed Care & Insurance Section; a current Defined Contribution Plan Committee Co-Chair, former Group Chair and Co-Chair of the ABA RPTE Section Employee Benefits Group; immediate past RPTE Representative to ABA Joint Committee on Employee Benefits Council Representative and current RPTE Representative to the ABA Health Law Coordinating Council; past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a former member of the Board of Directors, Treasurer, Member and Continuing Education Chair of the Southwest Benefits Association and others.

Ms. Stamer also is a highly popular lecturer, symposia chair and author, who publishes and speaks extensively on human resources, labor and employment, employee benefits, compensation, occupational safety and health, and other regulatory and operational risk management. Examples of her many highly regarded publications on these matters include the “Texas Payday Law” Chapter of Texas Employment Law, as well as thousands of other publications, programs and workshops these and other concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications and speaks and conducts training for a broad range of professional organizations and for clients on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.

Want to know more? See here for details about the author of this update, attorney Cynthia Marcotte Stamer, e-mail her here or telephone Ms. Stamer at (469) 767-8872.

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 at www.SolutionsLawPress.com.

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NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The publisher and the author expressly disclaim all liability for this content and any responsibility to provide any update or otherwise notify anyone of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Data Security, Deferred Compensation Plans, Director Liability, Dispute Resolutuon, E&O, Employee Benefits, Employment, Fraud, Health Plans, Internal Controls, Labor Relations, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Turnaround Management, Workforce Management | Tagged , , | Leave a comment

Homeland Security Issues Urgent Cyber Warning To US Businesses

Posted on May 13, 2017 by Cynthia Marcotte Stamer

U.S. agencies are warning U.S. businesses to batten down their cyber security defenses to guard against a WannaCry ransomware cybersecurity threat sweeping the Globe.

Health care providers, health plans, health insurers, healthcare clearinghouses, their business associates as well as all U.S. businesses and consumers should raise their cyber security defenses and use cyber security best practices to defend their information systems and data against ongoing WannaCry ransomware and other cyber security attacks in the United States and abroad in cyber security alerts issued by the Departments of Homeland Security, Health and Human Service (HHS) and other U.S. agencies today.

Mid-afternoon today, HHS Critical Infrastructure Protection Lead Laura Wolf sent a cyber security alert warning health plans, health providers and health care clearinghouses to tighten their e-mail and other cyber security defenses in response to evidence that cyber attacks affecting hospitals and healthcare information systems in the UK and other international locations” now are “occurring inside the United States.”

A short while later,  the Department of Homeland Security also issued an alert that US-CERT has received multiple reports of WannaCry ransomware infections in several countries around the world.

According the Department of Homeland Security alert, the WannaCry ransomware may be exploiting a vulnerability in Server Message Block 1.0 (SMBv1). For information on how to mitigate this vulnerability, review the US-CERT article on Microsoft SMBv1 Vulnerability and the Microsoft Security Bulletin MS17-010. Users and administrators are encouraged to review the US-CERT Alert TA16-091A to learn how to best protect against ransomware.  The Department of Homeland Security asks that people report any ransomware incidents to the Internet Crime Complaint Center (IC3).

The HHS alert states it is “working with our partners across government and in the private sector to develop a better understanding of the threat and to provide additional information on measures to protect your systems.

Meanwhile, the HHS alert advises U.S. health industry organizations and information systems to exercise cyber security best practices – particularly with respect to email including HHS Ransomware Guidance available here and other information on ransomware in the following HHS Cyber Newsletters:

https://www.hhs.gov/sites/default/files/hippa-cyber-awareness-monthly-issue1.pdf

https://www.hhs.gov/sites/default/files/hipaa-cyber-awareness-monthly-issue3.pdf

https://www.hhs.gov/sites/default/files/february-2017-ocr-cyber-awareness-newsletter.pdf

About The Author

Recognized by LexisNexis® Martindale-Hubbell® as a “AV-Preeminent” (Top 1%/ the highest) and “Top Rated Lawyer,” with special recognition 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 “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law” by D Magazine, the author of this update is widely known for her 29 plus years’ of work in health care, health benefit, health policy and regulatory affairs and other health industry concerns as a practicing attorney and management consultant, thought leader, author, public policy advocate and lecturer.

Throughout her adult life and nearly 30-year legal career, Ms. Stamer’s legal, management and governmental affairs work has focused on helping health industry, health benefit and other organizations and their management use the law, performance and risk management tools and process to manage people, performance, quality, compliance, operations and risk.

Highly valued for her rare ability to find pragmatic client-centric solutions by combining her detailed legal and operational knowledge and experience with her talent for creative problem-solving, Ms. Stamer supports these organizations and their leaders on both a real-time, “on demand” basis as well as outsourced operations or special counsel on an interim, special project, or ongoing basis with strategic planning and product and services development and innovation; workforce and operations management, crisis preparedness and response as well as to prevent, stabilize and cleanup legal and operational crises large and small that arise in the course of operations.

As a core component of her work, Ms. Stamer has worked extensively throughout her career with health care providers, health plans and insurers, managed care organizations, health care clearinghouses, their business associates, employers, banks and other financial institutions, management services organizations, professional associations, medical staffs, accreditation agencies, auditors, technology and other vendors and service providers, and others on legal and operational compliance, risk management and compliance, public policies and regulatory affairs, contracting, payer-provider, provider-provider, vendor, patient, governmental and community relations and matters including extensive involvement advising, representing and defending public and private hospitals and health care systems; physicians, physician organizations and medical staffs; specialty clinics and pharmacies; skilled nursing, home health, rehabilitation and other health care providers and facilities; medical staff, accreditation, peer review and quality committees and organizations; billing and management services organizations; consultants; investors; technology, billing and reimbursement and other services and product vendors; products and solutions consultants and developers; investors; managed care organizations, insurers, self-insured health plans and other payers; and other health industry clients to manage and defend compliance, public policy, regulatory, staffing and other operations and risk management concerns.

A core focus of this work includes work to establish and administer compliance and risk management policies; comply with requirements, investigate and respond to Board of Medicine, Health, Nursing, Pharmacy, Chiropractic, and other licensing agencies, Department of Aging & Disability, FDA, Drug Enforcement Agency, OCR Privacy and Civil Rights, Department of Labor, IRS, HHS, DOD, FTC, SEC, CDC and other public health, Department of Justice and state attorneys’ general and other federal and state agencies; dealings with JCHO and other accreditation and quality organizations; investigation and defense of private litigation and other federal and state health care industry investigations and enforcement; insurance or other liability management and allocation; process and product development; managed care, physician and other staffing, business associate and other contracting; evaluation, commenting or seeking modification of regulatory guidance, and other regulatory and public policy advocacy; training and discipline; and a host of other related concerns for public and private health care providers, health insurers, health plans, technology and other vendors, employers, and others.
Author of leading works on HIPAA and other privacy and data security works and the scribe leading the American Bar Association Joint Committee on Employee Benefits Annual Agency Meeting with OCR, her experience includes extensive compliance, risk management and data breach and other crisis event investigation, response and remediation under HIPAA and other data security, privacy and breach laws.

 Heavily involved in health care and health information technology, data and related process and systems development, policy and operations innovation and a Scribe for ABA JCEB annual agency meeting with OCR for many years who has authored numerous highly regarded works and training programs on trade secret, HIPAA and other medical, consumer, insurance, tax, and other privacy and data security, Ms. Stamer also is widely recognized for her extensive work and leadership on leading edge health care and benefit policy and operational issues including meaningful use and EMR, billing and reimbursement, quality measurement and reimbursement, HIPAA, FACTA, PCI, trade secret, physician and other medical confidentiality and privacy, federal and state data security and data breach and other information privacy and data security rules and many other concerns.

In connection with this work, Ms. Stamer has worked extensively with health care providers, health plans, health care clearinghouses, their business associates, employers and other plan sponsors, banks and other financial institutions, and others on risk management and compliance with HIPAA, FACTA, trade secret and other information privacy and data security rules, including the establishment, documentation, implementation, audit and enforcement of policies, procedures, systems and safeguards, investigating and responding to known or suspected breaches, defending investigations or other actions by plaintiffs, OCR and other federal or state agencies, reporting known or suspected violations, business associate and other contracting, commenting or obtaining other clarification of guidance, training and enforcement, and a host of other related concerns. Her clients include public and private health care providers, health insurers, health plans, technology and other vendors, and others.

Her work includes both regulatory and public policy advocacy and thought leadership, as well as advising and representing a broad range of health industry and other clients about policy design, drafting, administration, business associate and other contracting, risk assessments, audits and other risk prevention and mitigation, investigation, reporting, mitigation and resolution of known or suspected violations or other incidents and responding to and defending investigations or other actions by plaintiffs, DOJ, OCR, FTC, state attorneys’ general and other federal or state agencies, other business partners, patients and others.
In addition to representing and advising these organizations, she also has conducted training on Privacy & The Pandemic for the Association of State & Territorial Health Plans, as well as HIPAA, FACTA, PCI, medical confidentiality, insurance confidentiality and other privacy and data security compliance and risk management for Los Angeles County Health Department, MGMA, ISSA, HIMMS, the ABA, SHRM, schools, medical societies, government and private health care and health plan organizations, their business associates, trade associations and others.
A former lead consultant to the Government of Bolivia on its Pension Privatization Project with extensive domestic and international public policy concerns in Pensions, healthcare, workforce, immigration, tax, education and other areas.

The American Bar Association (ABA) International Section Life Sciences Committee Vice Chair, a Scribe for the ABA Joint Committee on Employee Benefits (JCEB) Annual OCR Agency Meeting, former Vice President of the North Texas Health Care Compliance Professionals Association, past Chair of the ABA Health Law Section Managed Care & Insurance Section, past ABA JCEB Council Representative, 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, Ms. Stamer has worked closely with a diverse range of physicians, hospitals and healthcare systems, DME, Pharma, clinics, health care providers, managed care, insurance and other health care payers, quality assurance, credentialing, technical, research, public and private social and community organizations, and other health industry organizations and their management deal with governance; credentialing, patient relations and care; staffing, peer review, human resources and workforce performance management; outsourcing; internal controls and regulatory compliance; billing and reimbursement; physician, employment, vendor, managed care, government and other contracting; business transactions; grants; tax-exemption and not-for-profit; licensure and accreditation; vendor selection and management; privacy and data security; training; risk and change management; regulatory affairs and public policy and other concerns.

Past Chair of the ABA Managed Care & Insurance Interest Group and, a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also has extensive health care reimbursement and insurance experience advising and defending health plans, health care providers, payers, and others about Medicare, Medicaid, Medicare and Medicaid Advantage, Tri-Care, self-insured group, association, individual and group and other health benefit programs and coverages including but not limited to advising public and private payers about coverage and program design and documentation, advising and defending providers, payers and systems and billing services entities about systems and process design, audits, and other processes; provider credentialing, and contracting; providers and payer billing, reimbursement, claims audits, denials and appeals, coverage coordination, reporting, direct contracting, False Claims Act, Medicare & Medicaid, ERISA, state Prompt Pay, out-of-network and other “nonpar,” insured, and other health care claims, prepayment, post-payment and other coverage, claims denials, appeals, billing and fraud investigations and actions and other reimbursement and payment related investigation, enforcement, litigation and actions.

A popular lecturer and widely published author on health industry concerns, Ms. Stamer continuously advises health industry clients about compliance and internal controls, workforce and medical staff performance, quality, governance, reimbursement, privacy and data security, and other risk management and operational matters. Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns.
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other related concerns by her service in the leadership of the Solutions Law Press, Inc. Coalition for Responsible Health Policy, its PROJECT COPE: Coalition on Patient Empowerment, and a broad range of other professional and civic organizations including North Texas Healthcare Compliance Association, a founding Board Member and past President of the Alliance for Healthcare Excellence, past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children (now Warren Center For Children); current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section, Past Chair of the ABA Health Law Section Managed Care & Insurance Section, a current Defined Contribution Plan Committee Co-Chair, former Group Chair and Co-Chair of the ABA RPTE Section Employee Benefits Group, past Representative and chair of various committees of ABA Joint Committee on Employee Benefits; an ABA Health Law Coordinating Council representative, former Coordinator and a Vice-Chair of the Gulf Coast TEGE Council TE Division, past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee, a former member of the Board of Directors of the Southwest Benefits Association and others.

Ms. Stamer also is a highly popular lecturer, symposium and chair, faculty member and author, who publishes and speaks extensively on health and managed care industry, human resources, employment and other privacy, data security and other technology, regulatory and operational risk management. Examples of her many highly regarded publications on these matters include “Protecting & Using Patient Data In Disease Management: Opportunities, Liabilities And Prescriptions,” “Privacy Invasions of Medical Care-An Emerging Perspective,” “Cybercrime and Identity Theft: Health Information Security: Beyond HIPAA,” as well as thousands of other publications, programs and workshops these and other concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, Insurance Thought Leadership and many other prominent publications and speaks and conducts training for a broad range of professional organizations.

For more information about Ms. Stamer or her health industry and other experience and involvements, see here or contact Ms. Stamer via telephone at (469) 767-8872 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 here.
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©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™ All other rights reserved. For information about republication or other use, please contact Ms. Stamer here.

Posted in Board of Directors, CEO, CFO, Compliance, D&O, Data Security, Director Liability, Director Liabiloity, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Leadership, Officers, Officers Liability, Privacy, Risk Management, Shareholder Liability, Uncategorized | Tagged , | Leave a comment

Millennial Management 

Posted on April 28, 2017 by Cynthia Marcotte Stamer

If you or someone else you know would like to receive future management and leadership tips, 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 or updating your profile here.  

©2017. Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc. All other rights reserved.

Posted in Uncategorized | Leave a comment

Real Leadership Speaks For Itself

Posted on April 24, 2017 by Cynthia Marcotte Stamer


Check out this discussion from Microsoft CEO about self-proclaimed “experts” and “leaders.”  
 #cynthiamarcottestamer #solutionslawpreas #leadership #coaching

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Director Liabiloity, Employment, Fiduciary Responsibility, Internal Controls, Leadership, Officers, Performance Management, Uncategorized | Tagged , , , | Leave a comment