Addressing the HIPAA in the Room: How New HIPAA Penalties May Affect Your Clients

By WealthCounsel, LLC on Jun 7, 2019 10:01:00 AM

Last month, the US Department of Health and Human Services (HHS) announced it would be capping, and in some cases, lowering the fines for HIPAA violations. HHS released a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties describing the new tier structure. According to HHS the new structure better reflects a covered entity’s “level of culpability.” Going forward, HHS will now use annual limits based on the four culpability levels of whether an organization has no knowledge, reasonable cause, willfully neglected and corrected, or willfully neglected without correcting HIPAA violations.

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Planning for Clients with Noncitizen Spouses

By WealthCounsel Staff on May 24, 2019 10:00:00 AM

According to a US Census Bureau report, couples in which one or both spouses are foreign-born account for 20% of all marriages in the United States. Of these foreign-born spouses, approximately 60% are naturalized and 40% are noncitizens. The Bureau links this trend to both the growth of the US immigrant population and the increased number of Americans traveling and living abroad. This demographic faces unique estate and tax planning issues.

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Game of Trusts: Establishing Proper State Taxation of Non-Resident Trusts

By Jennifer Villier, JD | Business Law Faculty on May 17, 2019 10:00:00 AM

The United States Supreme Court rarely addresses trusts and estates issues. The purview of the states, issues arising in intergenerational wealth transfers, are generally outside federal jurisdiction. To reach the U.S. Supreme Court, trusts and estates cases typically involve federal preemption or the constitutionality of a state’s law; the latter has brought the most recent trusts and estates case before the Court.

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