California Legislature Coming to NH?

By: JP Harris The New Hampshire Legislature is currently considering several bills addressing privacy and protection of electronic information.  The most notable of those bills may be HB 1680, which is very similar to the sweeping privacy law passed in California in 2018.  For more on that bill, please see “A new bill could impose 

SAMHSA Finalizes Changes to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Treatment Records

In January 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) made the first major, substantive amendments to 42 C.F.R. part 2 (part 2), the federal regulations governing confidentiality of substance use disorder treatment records, since 1987.  The amendments were largely aimed at allowing the exchange of patient identifying information (PII) within clinically integrated 

Take this off of your Fall “To Do” List: EEO-1 Delayed in Part and Suspended in Part

As you may have heard, we recently received some good news regarding the EEO-1 pay data collection that would have gone into effect in March 2018. On August 29th the Acting Chair of the Equal Employment Opportunity Commission (EEOC), Victoria Lipnic, issued a statement indicating that the Office of Information and Regulatory Affairs (OIRA) plans 

Three Lessons from the Equifax Data Breach

Every company is at risk, no matter how sophisticated. It might have been safe to assume that an entity as large and sophisticated as Equifax had top-notch security.  Perhaps that was an erroneous assumption.  But, almost every company possesses data about others (its customers, employees, business partners) that is valuable to a hacker.  Small and 

Copyright Office Moves to Electronic DMCA Registry

Many companies have taken advantage of the Digital Millennium Copyright Act’s (DMCA) safe harbor provision and designated an agent to receive notifications of claimed infringement. Doing so provides some insulation against infringement claims as it affords companies the chance to remove the allegedly infringing material before a formal claim is asserted. In the past, companies 

The Supreme Court Issues Significant FDCPA Decisions

Written by: Attorney Christopher M. Candon & Joseph M. Harris In this past term, the United States Supreme Court took action on several cases that may significantly shape bankruptcy and/or insolvency law.  In a few short months, the Supreme Court issued a much-anticipated decision that ended the practice of non-consensual structured dismissals (Czyzeweski v. Jevic, 

Governor Sununu Signs Two Bills to Address Delays in New Hampshire Nurse Licensure Process

New Hampshire, like many states, is facing a nursing shortage.  The problems associated with this shortage are often exacerbated by delays in the New Hampshire nurse licensure process principally caused by the Department of Safety’s lengthy processing time for required criminal background checks.  These delays have forced health care facilities to tell prospective employees who 

Stop the Presses! Federal Judge Stays Implementation of the Overtime Exemption Rule Changes

In a ruling issued late yesterday, a Federal District Court Judge in Texas has blocked implementation of the Department of Labor’s amendments to the overtime exemption rules. For all who have worked hard in preparation to implement the changes that were scheduled to go into effect on December 1, 2016, at least for now there 

The Validity of Plan Support Agreements: Walking the Sub-Rosa Plan Line?

Christopher M. Candon Grant R. Gendron Sheehan Phinney Bass & Green Manchester, New Hampshire Boston, Massachusetts 23rd Annual Northeast Bankruptcy Conference July 14-17, 2016 I. Introduction Plan support agreements (“PSAs”), also referred to as “lockup” agreements or restructuring support agreements, have become increasingly common in Chapter 11 bankruptcies. Proponents of the agreements contend that they 

NH Legislature Creates Special Medicaid Representative Designation

Long-term care facilities frequently struggle to obtain payment for their services because most residents exhaust their assets during long, expensive stays.  Although these residents are usually eligible to receive Medicaid benefits when their money runs out, they often neglect to file or pursue Medicaid applications.  Until recently, NH facilities were forced to seek appointment of 

Defending Preference Actions

Under Section 547(b) of the Bankruptcy Code, debtors and trustees are granted the ability to recover preferential transfers made to creditors that were: To or for the benefit of a creditor; For or on account of an antecedent debt; Made while the debtor was insolvent; Made of or within 90 days immediately preceding the bankruptcy 

New Hampshire Board of Medicine Adopts Final Opioid Prescription Rules

New Hampshire, like many states, is facing an opioid addiction crisis. In 2015, there were over 400 deaths in New Hampshire caused by powerful opioids like Heroin and Fentanyl. Federal, state, and local governments have struggled to find workable solutions to this extremely complicated problem. After considering comments and feedback from a myriad of stakeholders on both sides 

Attorney General Issues Gender Identity Guidance for Public Accommodations

Earlier today, Attorney General Maura Healey issued guidance for businesses to comply with the Massachusetts’ new transgender right law. Beginning on October 1, 2016, transgender people will be allowed to use bathrooms, locker rooms, changing rooms, and similar facilities that correspond to their own gender identity.  The law also requires all public accommodations, including restaurants 

New NH Law Protects Employees Who Request Flexible Schedule from Retaliation

With remote work and telecommuting more commonplace not to mention the many law in recent years that involve workplace accommodation and the cultural shift towards more of a work-life balance many employees are requesting flexible work schedules. Some employers are better equipped or more receptive to these requests than others. Now, there is a new 

Red Flags Rule and Identity Theft Prevention Programs

The Red Flags law requires creditors to have in place Identity Theft Prevention Programs. In light of recent changes in the Red Flags law, there seems to be some confusion as to whether healthcare providers are categorically excluded from the requirements of the law.