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August 22, 2004 9:52 PM
Workers' Compensation News - August 25, 2004 Volume 2 Issue 233

 -First HIPPA Conviction Results in Jail Sentence 

-Recent Decisions
--ORDINARY DISABILITY PENSION BENEFITS DO NOT SETOFF MEDICAL CARE

--SUBSEQUENT INNOCENT AGGRAVATION DID NOT TRANSFER OBLIGATION TO PAY MEDICAL CARE

For these stories and others visit our web site http://www.gelmans.com

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CMS ANNOUNCES IMPLEMENTATION OF BENEFICIARY ACCESS SYSTEM
The Beneficiary Automated Status and Inquiry System (BASIS) is available to participants of the Voluntary Data Sharing Agreement (VDSA) program. The BASIS allows you to make on-line Medicare entitlement queries to CMS’ Enrollment Data Base (EDB) to determine if an individual is a Medicare beneficiary and if so, obtain available entitlement information. The BASIS serves as a useful tool when you have a need to know specific information during the interval between quarterly file exchanges.
http://www.cms.hhs.gov/medicare/cob/basis/basis.asp

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NY STATE WORKERS' COMP TO IMPLEMENT CMS DATA SHARING
On January 1, 2005 the NY Workers' Compensation System with join the data sharing with CMS in order to expedite the processing of Workers' Compensation benefits and co-ordination of benefits.

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ASBESTOS RULE LAST DAY TO SUBMIT COMMENTS SEPT. 4, 2004
http://www.nj.gov/labor/leg/njac12_235-7_8.pdf

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RI COURT HOLDS OWNERS PERSONALLY LIABLE
The Rhode Island Workers Compensation Court has ruled that the owners of The Station nightclub can be held personally liable for their failure to obtain required workers' compensation coverage.
http://www.insurancejournal.com/news/east/2004/08/19/45127.htm

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WRONGFUL DEATH ACCOUNTABILITY ACT
Sen. John Corzine, D-N.J., introduced a bill that would impose increased fines and possible prison sentences for employers who willfully violate safety and health laws regulated by the U.S. Occupational Safety and Health Administration (OSHA). The "Wrongful Death Accountability Act" (S. 1272) would amend provisions in the U.S. Occupational Safety and Health Act of 1970 that relate to citations and penalties. 
Thompson: http://www.thompson.com/hp_newsbriefs/archive/030623b_environment.html

"The logic behind this legislation is simple. The bill will increase the incentive for prosecutors to hold renegade employers accountable for endangering the lives of their workers and, thereby, help ensure that OSHA criminal penalties cannot be safely ignored. This will provide the OSHA criminal statute with sufficient teeth to deter the small percentage of bad actors who knowingly and willfully place their employees at risk." Senator Jon Corzine
Complete Introductory Statement: http://thomas.loc.gov/cgi-bin/query/F?r108:6:./temp/~r108njJRxA:e10155:

Text of Legislation: http://thomas.loc.gov/cgi-bin/query/C?c108:./temp/~c108krmtOa

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CMS ISSUES ADDITIONAL FAQs ON HIPPA COMPLIANCE
Does the HIPAA Security Rule allow for sending electronic PHI in an email or over the Internet? 
How will we know if our organization and our systems are compliant with the HIPAA Security Rule’s requirements? 
Must a multi-functional single covered entity use a HIPAA transaction when transmitting within the same covered entity? 
What does the HIPAA Security Rule mean by physical safeguards? 
What is OHS’ privacy policy regarding information collected during the complaint process? 
Are we required to “certify” our organization’s compliance with the HIPAA security standards? 
Does the HIPAA Security Rule apply to written and oral communications? 
Do the HIPAA Security Rule requirements for access control apply to employees who work from home? 
What is the difference between Risk Analysis and Risk Management in the HIPAA Security Rule?
Does the HIPAA Security Rule require the use of an electronic or digital signature? 
Are covered entities required to use the NIST guidance documents referred to in the final Security Rule? 
What is a system vulnerability? 
Does the Security Rule mandate minimum operating system requirements for personal computer systems?
What is encryption? 
http://www.cms.hhs.gov/hipaa/hipaa2/

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BERYLLIUM COMPENSATION PROGRAM UNDER FIRE
A company heavily criticized for its handling of a federal compensation program for sick nuclear weapons plant workers is performing tasks it wasn't hired to do, a government investigation found.
WS Journal ($)
http://online.wsj.com/article/0,,BT_CO_20040817_007443,00.html

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STRESS AT WORK: NURSES ANS TEACHERS HAVE INCREASED RISK
Forty something female nurses and teachers are worst affected by stress in the workplace
Women are more likely than men to suffer strain at work because they occupy the most stressful public sector jobs and are more often the victims of discrimination than men.
A study by Britain's health and safety watchdog has found that teaching and nursing, dominated by women, were the most stressful professions
http://news.independent.co.uk/uk/health_medical/story.jsp?story=550160

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FORMER WILG PRESIDENT LEAVES POSITION AS CHAIR OF MO INDUSTRIAL COMMISSIONER AFTER 2 WEEKS
Boyd Replaced on MO Industrial Commission after 14 days gets $26,783 pension in 2014
http://www.columbiatribune.com/2004/Aug/20040818News003.asp

Boyd said the pension did not motivate his service on the commission and that his brief tenure was surprising.
http://www.columbiatribune.com/2004/Aug/20040819News003.asp

"It's outrageous that you'd shackle the employer community with paying for the pensions of these political cronies who are going through the revolving door of the Labor and Industrial Relations Commission," said Dan Mehan, chamber president. 
http://www.stltoday.com/stltoday/business/stories.nsf/Business/story/105790D3BD7F797186256EF5000D1A1F?OpenDocument&Headline=Employers+oppose+new+panel+chairman

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