national business news

Bank regulator action on climate change ‘overdue and now urgent’ – Business News

Climate action ‘over due’

The Canadian Press – | Stories: 422543

Canada’s environment commissioner says action by the federal banking regulator on climate change is overdue and now urgent.

Commissioner Jerry DeMarco said in an audit released Thursday that it’s encouraging that the Office of the Superintendent of Financial Institutions (OFSI) both recognizes the risks of climate change to banks and the financial system, and is taking action on the challenge.

But he notes that since climate change has only recently become a priority of the regulator, the full implementation of the strategy is still years away.

DeMarco also said that OFSI’s plan to improve the resilience to climate change of banks and other financial institutions stops short of actually encouraging the transition to a net-zero emissions economy.

Among the auditor’s recommendations are that OFSI set clearer guidance about the information banks need to report in their transition plans as a way to avoid greenwashing.

The agency agreed with all five of the auditor’s main recommendations, noting that it expects to issue heightened disclosure rules on climate change this year and that it will continue to refine its disclosure expectations.

What Does the End of the Public Health Emergency Mean?

The national Public Health Emergency (PHE) for COVID-19 ends on May 11, 2023.

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The end of the public health emergency brings a variety of changes to the healthcare system.

Most of the remaining federal COVID-19 vaccine requirements will end for federal workers, contractors and foreign air travelers.

The government is also lifting requirements for Head Start educators and healthcare workers.

Free COVID-19 vaccines and tests will no longer be provided and will now be covered under traditional health insurance.

The end of the PHE also means that many of the waivers who were in place will no longer exist. The US Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) waived many requirements during the pandemic to allow for flexibility, including Stark Law waivers, 1135 waivers, and telehealth coverage changes.

However, HHS announced that many of the telehealth flexibilities will remain in place for some time.

It is essential for you to make sure that your healthcare practice is compliant with all regulations, especially those who were waived during the PHE.

It is likely that they will face increased scrutiny in future government audits.

We recommend that you review your compliance plan and make sure it is up to date. Now is also a good time to perform an audit with your healthcare attorney.

If you need help with your compliance plan or audit, we can help. Contact Rickard & Associates today.

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Remarriage and Estate Planning – Rickard & Associates

If you are getting remarried, it is essential to understand your spouse’s inheritance rights.

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Before you get married for a second or third time, you want to be aware of the rights your spouse will have to your estate and vice versa.

You may want to work with an attorney to draft a prenuptial agreement, prior to exchanging vows.

Then, you want to be familiar with the intestacy laws in your state. If you die without a written estate plan, the intestacy laws will control where your assets go.

We help our clients understand where their money will go, if they don’t have a written plan. We also help them look at various options and understand how their assets will be transferred depending on the option they choose.

In subsequent marriages, we often find that our clients have different concerns than in their first.

Sometimes, they are worried about providing for their children from a previous marriage, should something happen to them. Other times, they want their new spouse to have less rights to their assets.

We also have clients who want to make sure that their new spouse and their ex-spouse do not make financial or medical decisions on their behalf. They may prefer a close friend, sibling, or child who is the agent in their powers of attorney. We draft their medical and their financial powers of attorney to protect their wishes.

Whatever your goal is with estate planning, it is essential that you communicate this to your estate planning attorney.

Estate planning allows you to protect your loved ones and your assets. In second or third marriages, estate planning can protect your children and your wishes in the event of incapacity or death.

If you need help with your prenuptial agreement or estate plan, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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I Don’t Have an Estate Plan…Right?

Whether or not you have a written estate plan, you do have an estate plan. The laws of the state in which you reside will make decisions about your estate if you do not have a written plan.

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If you don’t have a written estate plan, it is essential to know what the intestacy laws of your state are so that you know what will happen to your assets if you die.

Most people prefer to make their own choices about their assets than let the state decide for them.

Why should you have a written estate plan?

Even if you do not have significant assets, you might want documents in place to protect your wishes, in the event you are incapacitated.

Medical Powers of Attorney will allow you to select the person you want to make decisions on your behalf if you need medical care, but are not competent.

Financial Powers of Attorney allow you to select the person who can make financial decisions on your behalf, if you are incapacitated.

If you have minor children, we recommend having a written estate plan that dictates who will care for your children if something should happen to you.

Drafting these documents while you are healthy allows you to pick people who you know would act in your best interest. Appointing one person also protects your family members from potential disputes, in the event they disagree on your medical care, finances, or children.

Estate planning also allows an opportunity to memorialize your wishes for end of life care.

A well-drafted estate plan also protects the assets that you do have, such as a home, insurance policies, or a bank account. Many people have more significant assets than they realize.

You can also create a personal property memorandum to pass certain personal items to loved ones.

We help our clients pick the estate plan that works best for them, given their assets, concerns and interests. Having a written estate plan in place can help your loved ones avoid going through probate.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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Howard Kurtz Says It Has Been A Rough Week For Fox News In Dominion Case

Fox News anchor Howard Kurtz said Sunday it had been a “very rough week” for the conservative network in its defense against Dominion Voting Systems’ $1.6 billion defamation lawsuit, which is scheduled to go to trial on Tuesday.

“I can assure you that I will provide fair and down the middle coverage of this $1.6 billion suit about coverage of false election fraud claims in 2020, despite the fact that I work here,” Kurtz told “MediaBuzz” viewers. “And with that, it’s been a very rough week for Fox.”

Kurtz explained to viewers that the judge overseeing the case, Delaware Superior Court Judge Eric Davis, had sanctioned Fox News last week and launched an investigation into potential legal misconduct. The dispute revolves around Rupert Murdoch’s role at Fox News and its parent corporation, which Fox lawyers were accused of misrepresenting to the court.

Kurtz also discussed leaked audio tapes of Rudy Giuliani, Donald Trump’s former personal attorney, telling Fox Business host Maria Bartiromo that he did not have evidence to back up his false claims about election rigging by Dominion in the 2020 election. Fox News was sanctioned by the judge on Wednesday for failing to hand those recordings over to Dominion’s lawyers during discovery.

“That’s not all,” Kurtz said. “In other pretrial rulings, Judge Davis undercut part of Fox’s defense. The judge said Fox News could not argue that it carried false allegations of election fraud by Trump allies because they would be newsworthy. Judge Davis said just because someone is newsworthy doesn’t mean you can defame someone.”

At the time of Kurtz’s remarks, the Dominion trial was expected to begin Monday. However, Davis announced late Sunday that the trial had been delayed until Tuesday. The judge did not give a reason; however, the Wall Street Journal reported that Fox News had made a late push to settle the dispute out of court.

In February, Kurtz said the network had prohibited him from reporting on the lawsuit, noting that he “strongly disagreed” with that decision.

Dominion Voting Systems is suing Fox over allegations the network damaged the voting software company’s reputation by repeatedly amplifying claims that the company helped rig the 2020 election against Trump, despite knowing those claims to be false.

Healthcare Encryption Exceptions? – Rickard & Associates

We know that all emails and text messages that contain protected health information (PHI) should be encrypted.

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Are there any exceptions to the encryption rule?

Just one.

Patients can communicate with covered entities using unencrypted email and text messages, if the patients have been informed of the increased risk.

Patients can opt to have reminders sent via text messages or emails.

One issue that many healthcare providers have regarding encryption, is failing to fully realize all information that is PHI. PHI is an incredibly broad classification that includes much more than just a patient’s name or address or Social Security Number.

Another issue that healthcare providers must face is the over labeling of portals, storage, services as being “HIPAA compliant”.

While some of these services are HIPAA compliant, some are not and it is the covered entity’s job to do their due diligence.

While encryption is an addressable implementation specification, it is an incredibly useful tool for healthcare providers and can greatly reduce penalties in the event of a breach.

Healthcare entities should perform routine and thorough risk assessments to check for areas of vulnerability.

If you need help updating your compliance plan, auditing, or training staff, contact us today.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Can Your EHR Template Land You in Prison?

If your electronic health record (EHR) template is set up incorrectly and leads you to be billed improperly, it could lead to prison time.

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In recent years, we have heard from many of our clients that their compliance plans received less attention than normal due to the pandemic, staffing issues, and other pressing concerns.

However, compliance enforcement is ongoing and it is essential to prioritize your compliance plan.

A Delaware physician was just convicted of a $5 million fraud scheme.

The physician billed Medicare for injections that he did not perform as billed. He billed for injections that he did not own the required equipment necessary to give the injections to patients.

He has not been sentenced, but faces up to 10 years of prison time for each of the 11 counts of fraud.

If you are using an EHR template, you need to make sure that your practice has it set up correctly. If it is not, it might indicate that you are using equipment that you don’t have or performing services that you cannot actually perform.

While that doesn’t appear to be the case with the Delaware physician, we have seen issues with the template leading to inappropriate automated selections and inappropriate billing that needs to be corrected.

Simple oversight or mistakes can lead to billing errors. It is essential that you have a thorough and effective compliance plan in place to find any issues and vulnerabilities, especially as it relates to your EHR.

We help our clients perform necessary functions to avoid fines and potentially prison time.

We often recommend that healthcare entities:

  • Audit their billing and EHR templates,
  • Update their policies and procedures,
  • Train their employees,
  • and ensure that all of their compliance programs are running smoothly.

If you have questions or need help with your compliance program, auditing, or EHR templates, contact Rickard & Associates today.

We know you’re busy. Subscribe to our blog to get updates and news sent directly to your inbox!

We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Cheaters beware: ChatGPT maker releases AI detection tool – Business News

Matt O’Brien And Jocelyn Gecker, The Associated Press – | Stories: 409116

The makers of ChatGPT are trying to curb its reputation as a freewheeling cheating machine with a new tool that can help teachers detect if a student or artificial intelligence has written homework.

The new AI Text Classifier launched Tuesday by OpenAI follows a weeks-long discussion at schools and colleges over fears that ChatGPT’s ability to write just about anything on command could fuel academic dishonesty and hinder learning.

OpenAI cautions that its new tool – like others already available – is not foolproof. The method for detecting AI-written text “is imperfect and it will be wrong sometimes,” said Jan Leike, head of OpenAI’s alignment team tasked with making its systems safer.

“Because of that, it shouldn’t be solely relied upon when making decisions,” Leike said.

Teenagers and college students were among the millions of people who began experimenting with ChatGPT after it was launched Nov. 30 as a free application on OpenAI’s website. And while many found ways to use it creatively and harmlessly, the ease with which it could answer take-home test questions and assist with other assignments sparked a panic among some educators.

By the time schools opened for the new year, New York City, Los Angeles and other big public school districts began to block their use in classrooms and on school devices.

The Seattle Public Schools district initially blocked ChatGPT on all school devices in December but then opened access to educators who wanted to use it as a teaching tool, said Tim Robinson, the district spokesman.

“We can’t afford to ignore it,” Robinson said.

The district is also discussing possibly expanding the use of ChatGPT into classrooms to let teachers use it to train students to be better critical thinkers and to let students use the application as a “personal tutor” or to help generate new ideas when working on an assignment , Robinson said.

School districts around the country say they are seeing the conversation around ChatGPT evolve quickly.

“The initial reaction was ‘OMG, how are we going to stem the tide of all the cheating that will happen with ChatGPT,'” said Devin Page, a technology specialist with the Calvert County Public School District in Maryland. Now there is a growing realizing that “this is the future” and blocking it is not the solution, he said.

“I think we would be naïve if we were not aware of the dangers this tool poses, but we would also fail to serve our students if we banned them and us from using it for all its potential power,” said Page, who thinks districts like his own will eventually unblock ChatGPT, especially once the company’s detection service is in place.

OpenAI stressed the limitations of its detection tool in a blog post Tuesday, but said that in addition to deterring plagiarism, it could help detect automated disinformation campaigns and other misuses of AI to mimic humans.

The longer a passage of text, the better the tool is at detecting if an AI or human wrote something. Type in any text — a college admissions essay, or a literary analysis of Ralph Ellison’s “Invisible Man” — and the tool will label it as either “very unlikely, unlikely, unclear if it is, possibly, or likely” AI -generated.

But much like ChatGPT itself, which was trained on a huge trove of digitized books, newspapers and online writings but often confidently spits out falsehoods or nonsense, it’s not easy to interpret how it comes up with a result.

“We don’t fundamentally know what kind of pattern it pays attention to, or how it works internally,” Leike said. “There’s really not much we could say at this point about how the classifier actually works.”

Higher education institutions around the world have also begun debating the responsible use of AI technology. Sciences Po, one of France’s most prestigious universities, prohibited its use last week and warned that anyone found surreptitiously using ChatGPT and other AI tools to produce written or oral work could be banned from Sciences Po and other institutions.

In response to the backlash, OpenAI said it has been working for several weeks to craft new guidelines to help educators.

“Like many other technologies, it may be that one district decides that it’s inappropriate for use in their classrooms,” said OpenAI policy researcher Lama Ahmad. “We don’t really push them one way or another. We just want to give them the information they need to be able to make the right decisions for them.”

It’s an unusually public role for the research-oriented San Francisco startup, now backed by billions of dollars in investment from its partner Microsoft and facing growing interest from the public and governments.

France’s digital economy minister Jean-Noël Barrot recently met in California with OpenAI executives, including CEO Sam Altman, and a week later told an audience at the World Economic Forum in Davos, Switzerland that he was optimistic about the technology. But the government minister — a former professor at the Massachusetts Institute of Technology and the French business school HEC in Paris — said there are also difficult ethical questions that will need to be addressed.

“So if you’re in the law faculty, there is room for concern because obviously ChatGPT, among other tools, will be able to deliver exams that are relatively impressive,” he said. “If you are in the economics faculty, then you’re fine because ChatGPT will have a hard time finding or delivering something that is expected when you are in a graduate-level economics faculty.”

He said it will be increasingly important for users to understand the basics of how these systems work so they know what biases might exist.