Written by: Byron K. Lindberg, Esq. Tennessee is one of only a handful of states that does not recognize certification of workers’ compensation adjusters; but that may be about to change. On August 29, 2017, the Bureau of Workers’ Compensation held a Rulemaking Hearing discussing, among other things, a proposed Adjuster and Adjuster Entity Certification Program. The stated purpose of the proposed new rule and new program is to assure employees are treated fairly and that claims are handled appropriately and uniformly. The proposed new program garnered healthy participation and comments at the August 29, 2017 hearing. Proposed curriculum/training requirements for certification included: overview of the Tennessee Workers’ Compensation Act; general insurance principles; compensability issues; fraud; medical billing codes; medical terminology and abbreviations; cost control; available benefits; ethics. In addition, the proposal would allow adjusting entities (i.e., third party administrators, insurance companies) to become designated as certified adjusting entities through…       Read More

Compiled by: Richard Sheinis, Esq. Trying to Stem Fallout From Breach, Equifax Replaces CEO New York Times When the board of Equifax convened last week to discuss the company’s response to an enormous data breach, the 10 outside directors concluded … Singapore Ranks First as Launchpad for Global Cyber Attacks Bloomberg Singapore has overtaken nations including the U.S., Russia and China as the country launching the most cyber attacks globally, according to Israeli … Deloitte Hit by Data Breach BBC News Prof Alan Woodward, cyber-security expert at Surrey University, told the BBC that private email addresses alone were valuable data for hackers. Today In Data: Bank Of America And Biometrics PYMNTS.com Following the Equifax data breach, biometrics and data security have come under increased scrutiny as more companies and consumers consider … A Fifth of Dutch Companies Affected by Cyber Attacks NL Times A fifth of Dutch companies with at least…       Read More

Written by: Whit Carmon, Esq.  As of January 6, 2017, SB 319 took effect in Ohio. Signed into law by Governor John Kasich, on January 4, 2017, the bill contains two key provisions relating to outpatient prescriptions for opioid analgesics. First, the law prohibits pharmacists, pharmacy interns, or terminal distributors from dispensing opioid analgesics if more than fourteen (14) days have elapsed since the prescription was issued and the prescription is for drugs to be used on an outpatient basis. Second, the bill restricts such providers from dispensing more than a 90-day supply of these drugs, regardless of whether the prescription was issued for a greater amount. Importantly, however, the bill does not apply to individuals who are inpatient at institutional facilities. Section 3727.01 of the Revised Code defines an “institutional facility,” which includes Convalescent homes, Developmental facilities, Long term care facilities, Nursing homes, Psychiatric facilities, Rehabilitation facilities, Developmental disability…       Read More

Compiled by: Richard Sheinis, Esq. Equifax Had Data Breach Months Before Big One Hit: Report CBS News The Equifax data breach in late July that exposed personal information like Social Security numbers of 143 million Americans reportedly wasn’t the … Apple’s FaceID: Get Ready for ‘Big Data’ to Get Even Bigger The Hill Today, smartphones come built-in with a range of sensors with the capability to track our individual digital fingerprints. With the release of Apple’s FaceID integrated into … Butler County Recovering from Ransomware KWCH Butler County is still recovering from a computer system hack that left their system held for ransom. Tyler Norris works in downtown El Dorado, and the … Smiths Medical Confirms Drug Pump Vulnerable to Cyberhacking Minneapolis Star Tribune The company said Monday that it has received no reports of computer hackers exploiting the vulnerabilities. The U.S. Homeland Security Department … Hackers Compromised CCleaner Free Software,…       Read More

I. INTRODUCTION “Opioids are a class of drugs that includes the illegal drug heroin; synthetic opioids such as fentanyl; and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine, and many others. Opioid pain relievers are generally safe when taken for a short time and as prescribed by a doctor, but because they produce euphoria in addition to pain relief, they can be misused (e.g., taken in a different way or in a larger quantity than prescribed, or without a doctor’s prescription). Regular use—even as prescribed by a doctor—can lead to dependence and, when misused, opioid pain relievers can lead to overdose and/or death.” •https://www.drugabuse.gov/drugs-abuse/opioids • July 6, 2017 Oxycodone is a Schedule II narcotic. Schedules are based on risk of abuse. Any drugs that are Schedule I (drugs with high risk and no counterbalancing benefit) are banned from medical practice. •https://medshadow.org/resource/drug-classifications-schedule-ii-iii-iv-v/ • March 14,…       Read More

by:  Ashik Jahan, Esq. & Carolin Esterl On August 28, 2017, USCIS (United States Citizenship and Immigration Services) made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on October 1, 2017. The announcement stated that “adjustment of status applications based on employment”—i.e., categories EB-1 through EB-5—will be affected.  At this time, USCIS has not provided direction on how the “phase-in” process will proceed. Thus, it is unclear whether or not applicants who have already filed for an adjustment of status will be included in the “phase-in” process.  The interview mandate is part of the Trump Administration’s efforts to implement “extreme vetting” of immigrants in accordance with the “Protecting the Nation from Foreign Terrorist Entry into the United States” –  Executive Order, popularly known as the “travel ban,” released earlier this year. Historically, USCIS has waived the interview requirement for most employment-based adjustment of status…       Read More

Compiled by: Richard Sheinis, Esq. Former Gov. Roy Barnes, Others File Equifax Data Breach Class Action Atlanta Journal Constitution The lawsuit filed in U.S. District Court in Atlanta faults Equifax for “gargantuan failures to secure and safeguard consumers’ personally identifiable … Here’s Why Facebook Got a $1.4 Million Privacy Fine in Spain Fortune Facebook has incurred yet another fine for privacy violations in Europe, this time in Spain. On Monday, the Spanish data protection authority (AEPD) … NC Man Gets Prison Time for Hacking Senior US Officials WRAL.com ALEXANDRIA, Va. – A Morehead City man has been sentenced to five years in federal prison for his part in a computer hacking conspiracy that … Russian Cyber Hacker Pleads Guilty in Identity Theft Case Sacramento Bee Russian cyber hacker pleads guilty in identity theft case … 27 years for his conviction last year in Seattle in a wire fraud and computer hacking…       Read More

Written by: Bradley R. Coppedge, Esq. Do you ever wonder:  Will my loved ones carry out my wishes regarding burial or cremation?  And if you have that concern, is there any way to ensure that your final wishes are carried out?  Think about it, there is probably a provision in your Will or your Advance Directive for Healthcare that states what you prefer.  But let’s be realistic, by the time your Will is pulled out after your death, you’ve already been buried or cremated!  The question is, can you absolutely control which happens to you after your death? Most often, a decedent’s burial or cremation transpire without a problem.  But not infrequently, issues do arise.  For example, questions may include: Who has the priority right to make the determination as between burial and cremation?  What happens if family members disagree about burial or cremation plans?  Does the spouse automatically have…       Read More

Written by: Ashik R. Jahan, Esq. The Department of Homeland Security (“DHS”), based on the Administration’s decision to terminate DACA, announced new measures regarding the DACA program. Attorney General Jeff Sessions has said, “I am here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded.” In a lengthy written statement, President Trump said: “I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are a nation of opportunity because we are a nation of laws.” But what does this mean? For starters, DHS will no longer process new applications under DACA as of Tuesday, September 5, 2017, and has now formally rescinded the Obama administration policy, which was implemented by President Obama due to Congress’ failure to act on immigration reform. As a brief history, Congress…       Read More

Compiled by: Richard Sheinis, Esq. Instagram Investigating Larger Breach; Hacker Claims 6 Million Accounts for Sale CyberScoop A hacker claims to have stolen data from 6 million accounts, and is offering them for sale at $10 apiece. “We take people’s security very seriously and … Man Pleads Guilty to Hack Attempt on Government Pensions Website The Irish News A man has pleaded guilty to trying to infiltrate a government pensions website as part of a major computer hacking operation. Daniel Marincu (32), of … Yahoo Must Face Litigation by Data Breach Victims: US Judge Reuters Yahoo must face litigation by data breach victims: U.S. judge … The case is In re: Yahoo Inc Customer Data Security Breach Litigation, U.S. District … Delaware Passes Amendment to Data Breach Notification Law The National Law Review This puts Delaware in line with 14 other states that require private organizations to maintain reasonable data security…       Read More