Friday, March 20, 2009

Sesame Street Explains the Madoff Scandal

This is Sesame Street segment needs little introduction.  It is unfortunate that we now have to explain to our children how criminal actions are making parents sad.  On the flip side, what a better way to be able to introduce a discussion with your children about why mom and dad are worried about the financial crisis.

Sesame Street explains Bernie Madoff

Please post your comments.

Department of Labor Issues Notice and Guidance on NEW COBRA Requirements

Governance – Risk – Compliance & Data Privacy Watch Item:
March 25 HIPAA Privacy & Security Update Webinar
Use Event Code: CMSKMNISR-20090325

cindy stamerThe U.S. Department of Labor (“DOL”)  posted Model Notices and other additional guidance about temporary requirements added to the group health plan medical coverage continuation requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”) by the American Recovery and Reinvestment Act of 2009 (“Stimulus Bill”). Employers, health plan administrators, and health insurers involved in the sponsorship or administration of COBRA-covered group health plans should consult with counsel about the suitability of using the Model Notices to provide required notifications of the new Stimulus Bill COBRA rules and other steps necessary to comply with the new requirements.  You can review the current Department of Labor Guidance at:
http://www.dol.gov/ebsa/COBRA.html .

For complete details regarding the current IRS Guidance at:
http://www.irs.gov/newsroom/article/0,,id=204505,00.html/COBRA.html .

For a complete and comprehensive review read the latest at: http://slphrbenefitsupdate.wordpress.com/2009/03/19/dol-releases-stimulus-bill-model-cobra-notices-other-guidance.  This is a major compliance issue for all businesses including those in bankruptcy.

On the March 25 HIPAA Privacy & Security Update Webinar Attorney & HIPAA privacy author Cynthia Marcotte Stamer, P.C. will brief teleconference participants on what they need to know and do in response to impending rule changes and new enforcement risks. Participants also will be given the opportunity to ask questions on these and other developments.

Participants also will hear practical steps to take to respond to these risks and requirements and will have the opportunity to ask questions.  To register for the March 25th Webinar and for more information, see CynthiaStamer.com.

Thursday, March 19, 2009

March 25 HIPAA Privacy & Security Update Webinar

 

March 25 HIPAA Privacy & Security Update Webinar

March 19, 2009

Health care providers, health plans, health care clearinghouses (“covered entities”) and their business associates must act quickly to update and strengthen their privacy and data security practices to comply with changing rules and guard against growing enforcement exposures.

The privacy and data security practices of Covered Entities are under fire on several fronts.  The payment by CVS Pharmacies, Inc. of $2.25 Million settlement to resolve charges it violated existing Privacy & Security Rules and other recent civil and criminal enforcement actions demonstrate Covered Entities, their employees and service providers already face significant risks when existing HIPAA and other privacy and data security requirements are violated.   Meanwhile, Covered Entities face new restrictions on certain uses and disclosures of protected health information, new data breach and business associate agreement contract requirements, state civil lawsuits and expanded criminal and civil penalty exposures and other new risks under impending changes to the Privacy & Security Standards of the Health Insurance Portability & Accountability Act (HIPAA) enacted under the Genetic Information Nondiscrimination Act of 2008 (GINA), the American Recovery and Reinvestment Act of 2009 (the “Stimulus Bill”) and other federal rule changes.  These and other recent developments make clear that covered entities and their employees, business associates and other workforce members must immediately get serious about compliance with the Privacy & Security Rules and other federal and state privacy and data security requirements.

Catch up on the latest amendments, enforcement trends and other HIPAA Privacy & Data Security Rule developments by participating in this two hour “HIPAA Privacy & Security Update Webinar” on March 25, 2009 beginning at Noon Central Time hosted by Solutions Law Press. Learn what you and your organization need to know to comply with new requirements and manage HIPAA compliance while getting valuable training that will help your organization document its efforts to comply with HIPAA\’s training requirements.

Attorney & HIPAA privacy author Cynthia Marcotte Stamer, P.C. will brief teleconference participants on what they need to know and do in response to impending rule changes and new enforcement risks. Participants also will be given the opportunity to ask questions on these and other developments.  Participants in the Teleconference will catch up on the latest guidance about:

  • Your responsibilities for protecting PHI and other sensitive personal information under HIPAA and FACTA
  • Specific requirements and restrictions you must comply with when using, disclosing, and safeguarding protected health information under the Privacy & Security Rules
  • Why your existing practices may not adequately meet your compliance obligations
  • New genetic information and testing nondiscrimination and privacy rules scheduled to take effect May 21, 2009 and their implications on your HIPAA Privacy & Data Security obligations
  • Impending new restrictions on certain uses and disclosures of protected health information added by the Stimulus Bill and what you must change to comply
  • Impending new requirements for business associates enacted under Stimulus Bill and what you and your business associates must do in response
  • Impending new breach notification requirements added under the Stimulus Bill and FACTA and what you must do to prepare to comply
  • When your organization may face new exposure to civil damages lawsuits by state Attorneys’ General for breaches of HIPAA’s Privacy or Security Standards
  • How the $2.25 Million CVS Pharmacies, Inc. settlement and other recent enforcement and regulatory guidance impacts these responsibilities and your risks
  • Common compliance mistakes that the regulators and private litigants look for
  • Steps to take to mitigate risks when a privacy or security breach occurs
  • Learn about HIPAA’s training and other compliance plan requirements and what you should do to prepare to show compliance
  • Other practical pointers

Participants also will hear practical steps to take to respond to these risks and requirements and will have the opportunity to ask questions.  To register or for more information, see CynthiaStamer.com.

March 25 HIPAA Privacy & Security Update Webinar « Health Information Privacy

Wednesday, March 18, 2009

AIG Bonus Takers Beware! We will find you ‼!

by Kevin M Nixon, MSA, CISSP®, CISM®, CGEIT®

Some of the very famous criminals who are forever etched into our memories include Bonnie and Clyde, Jeffrey K. Skilling, Jack the Ripper, the Boston Strangler, Jeffrey Dahmer, Charles Manson, Sirhan Sirhan, Lee Harvey Oswald, Atilla the Hun and now that list is about to grow exponentially. One of the newest perpetrators is Bernie Madoff who, managed to scam famous people, regular folks and numerous charity organizations for over 20 years and all the while wining and dining the SEC regulators. He literally was hiding in plain sight. The latest “clan of scam”, the 73 “unnamed” AIG employees who “self-righteously” believed that they deserved and took their incentive compensation after we (that would be you and me) taxpayers would indulge their sense of self-entitlement. Quite frankly, pond scum ranks above these folks. However, if Barney Frank (D-Mass) has his way, the public will learn every single name. Today, Representative Frank, the Chairman of the Congressional Committee conducting an investigation, looked Edward Liddy, AIG CEO, directly in the eye and asked if he would provide the names of the employees that received their bonus money from the taxpayers. CEO Liddy said that he would, provided that the employees had their “privacy protected”. Barney Frank, a representative who is known for his sharp wit and even sharper tongue, shot back, “Mr. Liddy, I will not guarantee anything. You can choose to provide the committee with those names voluntarily, or we will obtain them by subpoena, but those names will be made public”! Barney Frank is working to earn the title “People’s Hero”!

On Monday, March 16th, New York Time writer Andrew Ross Sorkin wrote an article entitled "The Case for Paying Out Bonuses at A.I.G." and made some very interesting points.

"A.I.G. employees concocted complex derivatives that then wormed their way through the global financial system. If they leave — the buzz on Wall Street is that some have, and more are ready to — they might simply turn around and trade against A.I.G.’s book. Why not? They know how bad it is. They built it."

An attorney for some employees that received Government money was quoted as follows: “These folks have read about themselves in the paper every day. These people are leaving as soon as they can.”

We now all know, AIG spent $165 Million of the Bailout Bucks on an "Incentive Bonus & Employee Retention Plan" on 73 employees. One executive received a $6.5 Million check on Friday. There are times when I truly believe that "Mob Rule" (mob as in angry crowd) is appropriate. Quite honestly there is also nothing more satisfying then directing our anger into thinking up creative solutions for recovering part of the $185 Billion in taxpayer funds we’ve provided AIG so far.

Andrew Sorkin’s New York Times article clearly indicates that some of the AIG employees have threatened to take their insider knowledge of the books and use that knowledge to speculate against AIG unless they get to keep their money. I refuse to be held hostage and I'm guessing readers don't like it either.

The following is my personal opinion to recover taxpayer money in 24 hours is less. I propose a REVISED AIG "Incentive Plan".

The Government and all of us now own 80% of AIG. Like all majority owners we have the right to "call our paper". AIG employees should be provided with a Public Notice stating that they have 72 hours to return their bonus checks or the following action will be taken.

Using the current AIG HR & Payroll files which now belong to the taxpayers we would obtain the following data and publicly disclose the following:

· All names will be published and made publicly available. Yes, ALL names not just the ones who refuse to return their checks. This will provide extra pressure from other AIG employees.

· All bonus recipients’ addresses will be made public. In the case of multiple addresses, every known address will be made public. They are already a matter of public record in the form of deeds, tax records, etc.

· All telephone numbers will be made public. Telecommunication companies will be required to provide any telephone numbers that AIG employees attempt to change. Additionally, all of the company paid and/or reimbursed cell phones and PDAs monthly telephone usage statements should be preserved and also published. If the investigators haven’t thought about it so far, those records can also be useful in determining how many laws were broken. Barney need to also issuing subpoena to the cell phone providers of the employees to preserve the evidentiary trail.

· Each employee address when published will be hyperlinked to Google Maps and turn by turn directions will be provided to the public.

· Each employee's spouse's name will be made public along with the spouse’s employers (assuming they work). Telephone numbers of those employer’s should understand that they should expect taxpayer (aka current stockholders) phone calls will come into any business where a spouse is employed.

· The names of immediate adult family member’s names, addresses and phones will be published.

· Any person listed as an Emergency Contact, Beneficiary or associated with the AIG employees will be made public.

· The reward to anyone who reveals, discloses, and ultimately lets all the names “out of the bag” and is directly responsible for recovery of Taxpayer money will receive: 1) a TAX FREE $500K Reward, 2)presentation of the Congressional Medal of Honor by the President, and 3) Unlimited Witness Protection Benefits as desired.

Please clearly understand that ‘normally’ I am a violent defender of data privacy but not in the case of fraud or theft foisted upon US Taxpayers.

© Copyright 2009 – Kevin M. Nixon – All Rights Reserved – See: Information Security Resources
(This article may be reprinted in whole or in part only with proper attribution to the author.)

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