KINLEY LAW POSTS

EMPLOYMENT CONTRACTS and JURISDICTION IN SB124, effective January 1, 2017, the California legislature is attempting to assure that workers who work for out-of-state employers are able to adjudicate their disputes in California. Specifically, the law states that employees who principally work and reside in California cannot be required by employers to enter agreements that would resolve their claims in out-of-state forums or litigate claims under the law of another jurisdict

Answer: More than one would think. Electronic signatures are appropriate under HIPAA and other federal and state laws, and they are enforceable under California’s Uniform Electronic Transactions Act (Civil Code section 1633.1 et seq, “UETA”). There are some cautions, though. Digital signatures on custodian affidavit/declaration forms, consents to treatment, and generally all documents where a patient must sign are permissible and legally enforceable. Electronic & Digital Sign

An attorney’s role in any potential breach is to lead an assessment of the breach and to help clients determine whether to disclose a breach by applying the law to the factual investigation. Such an assessment is required for covered entities when a breach is suspected under Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules, and under the HITECH Act and the Genetic Information Nondiscrimination Act (GINA) and the corresponding regulation