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Washington State’s Data Breach Notification Law Changes (House Bill 1078) and Data Breach Fiduciary Responsibilities for Healthcare Organizations

Effective July 24th, 2015, Washington State law H.B. 1078 amends the State’s data breach notification statue. The amendment:
– Expands the statute to cover breaches of non-computerized data (hard copy data – which almost every business still houses)
– Imposes a 45-day deadline for notification of affected consumers (as opposed to 60 days previously)
– Mandates the notification of Washington State Attorney General for breaches larger than 500 Washington state residents
– Introduces a safe harbor for personal information that is secured or encrypted in a manner that meets or exceeds the National Institute of Standards and Technology (NIST) requirements

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Small Group Market – Changing Definition

Beginning in 2016, the definition of “small employer” for insurance rating and underwriting purposes changes. In general, employers with 51–100 full-time equivalents (FTEs) may now fall into the small employer category, and such groups will be subject to community rating and be required to offer essential health benefits for the first time. However, transition relief issued by the Department of Health & Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) allows states and insurers to choose to renew current policies through October 1, 2016. In other words, depending upon which state the insurance policy is being issued out of, employers with 51–100 FTEs, may have the option to renew their current policies through October 1, 2016. As of July 15, neither Alaska nor Washington states have announced any intention of adopting this transitional relief.

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Supreme Court Rules on Same-Sex Marriage and Employee Benefits

Last week the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must permit same-sex marriages within their borders and must recognize same-sex marriages performed in other states. This ruling puts to rest some of the big questions and the confusion that remained after the Court’s ruling on same-sex marriage and DOMA in 2013. Many employers must now consider how this decision affects their benefit plans.

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