OCR’s 8th Investigation Announcement Clearly Warns HHS-Funded Organizations To Ensure Merit-Based Decisions & Manage Antisemitism & Other Prohibited Discrimination Risks

May 14, 2025

Academic medicine and other education, health care, Medicare or Medicaid Advantage insurers, and other organizations received another warning to update and strengthen the defensibility of their policies and practices system-wide for preventing anti-Semitism, and other race, color, national origin, race, religious or other discrimination from the Department of Health & Human Service’s May 13, 2025, announcement of another investigation of another university for anti-Semitism in violation of the Civil Rights Act of 1964 (“CRA”) and other federal civil rights laws. 

The Civil Rights Act of 1964 (the “CRA”), the Equal Protection Clause of the 14th Amendment to the United States Constitution, Section 1557 of the Patient Protection and Affordable Care Act (“Section 1557”) and various other federal laws discrimination on the basis of race, national origin, color and certain other status by covered government or private organizations by health care, Medicare and Medicaid Advantage, academic medicine and other education, child care, research and other HHS-funded organizations, employers and other entities.

Since President Donald J. Trump (“President Trump”) took office in January, HHS OCR, the Departments of Education and Justice, the Equal Employment Opportunity Commission (“EEOC”) and other federal agencies are aggressively investigating anti-Semitism, anti-Christianity, and certain other race, color, national origin and religious discrimination by academic medicine and other educational institutions, health care organizations, health insurers, employers and other organizations covered by these civil rights laws. These investigations and enforcement actions target prohibited discrimination in all forms, including the use of race, national original, color, sex, religion and other non-merit based criteria, even when those criteria are applied to promote racial balancing, diversity or other similar goals.

Trump Merit-Based Civil Rights Executive Orders Heighten Public & Private Civil Rights & Other Discrimination Risks

This heightened investigation and enforcement emphasis is a direct response to the directives of President Trump in a series of Executive Orders directing federal agencies zealously to combat anti-Semitism, anti-Christian, and other discrimination or bias based on race, color, national origin and religion.  See e.g., Executive Order 14188 – Additional Measures To Combat Anti-Semitism (January 29, 2025); Executive Order 14202, Eradicating Anti-Christian Bias (February 6, 2025); Executive Order 14291, Establishment of the Religious Liberty Commission (“May 11, 2025); and Executive Order 14291, Establishment of the Religious Liberty Commission (May 1, 2025).

As part of these directives, President Trump specifically singled out anti-Semitism for special attention and concern, In Executive Order 14188, for instance, President Trump directed HHS, the Justice Department and other agencies to vigorously enforce the Civil Rights Act to combat the rise of anti-Semitism and anti-Semitic incidents in the U.S. and around the world.  While Executive Order 14188 specifically targeted the use of the Civil Rights Act and other federal prohibitions against race, color and national origin discrimination to fight anti-Semitism, Executive Order 14188 also noted that anti-Semitism also can violate federal protections against religious discrimination, stating:

…[Title VII] prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance. While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices. Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin.

The Trump Administration’s emphasis on protecting federal right of conscience and other religious freedom protections is made more perilous by his sharp disagreement, revocation, and characterization as patently illegal various key aspects of the interpretation and enforcement policies of the Biden, Obama and other previous administration regarding federal right of conscience and other religious freedom, sexual orientation, reproductive rights and other civil rights policies and protections. See e.g., Executive Order 14281 -Restoring Equality of Opportunity and Meritocracy (April 23, 2025). These directives and widespread coverage and publicity of the actions by HHS and other federal agencies to implement and enforce the Administration’s Merit Based interpretation and enforcement of civil rights laws are fueling a a slew of new federal investigations and enforcement, as well as encouraging and shaping private discrimination claims by both parties advantaged or disadvantaged by the Administration’s interpretations.

As reflected by OCR’s May 13, 2025 announcement of its investigation of complaints against a “prestigious” midwestern university (“University”), OCR and other federal agencies are responding by zealously investigating complaints of anti-Semitism or other race, color, national origin and religious discrimination by academic and other health care, education, health insurance and other organizations receiving federal funding under programs managed by HHS.

Announced OCR Investigations Since February Show HHS Enforcement Risks

According to OCR, the investigation announced on May 13, 2025, and other investigations “[are] part of a broader effort by the Administration’s multi-agency Joint Task Force to Combat Anti-Semitism. OCR opened the investigation against the University in response to a complaint from a multi-stakeholder advocacy organization that alleges “systemic concerns regarding the University’s actions to maintain a campus climate, academic direction, and institutional policy that ensures nondiscrimination on the basis of race, color, and national origin.” OCR says its investigation will examine whether the University complied with its obligations under Title VI not to discriminate against Jewish students, such that it denied them an educational opportunity or benefit.

Before OCR issued is May 13, 2025, announcement, OCR and other federal agencies previously had announced Civil Rights Act and other investigations of illegal anti-Semitism at four academic medical centers based on their response to protests and other anti-Semitic activity during graduation and other activities. In addition, OCR also had announced similarly high-profile investigation or enforcement actions against Harvard University and Harvard Law Review, a HHS-funded health services research scholarship program; eight medical schools and hospitals; a HHS-funded health research program;  a California-based medical school; the State of Maine and others for impermissibly applying race, color, national origin, sex, religious or other prohibited criteria in operating their programs.

The message from these and other HHS investigations and enforcements is clear.  “Institutions of higher education receiving HHS Federal financial assistance are responsible for complying with Title VI’s nondiscrimination mandates,” said Anthony Archeval, Acting Director of the Office for Civil Rights at HHS. “OCR is committed to ensuring students’ education, safety, and well-being are not disrupted due to discrimination at institutions funded by taxpayer dollars.”

Dear Colleague Letter Advises Academic Medicine & Other HHS-Funded Organizations On Implementing Merit Based Decisionmaking

While warning academic medical and other health care and other HHS-funded organizations against the application of non-merit based criteria and other prohibited race, national origin, color, sex and religious discrimination, OCR also has sought to encourage covered entities to adapt their policies and practices to comply with President Trump’s merit based interpretation of the Civil Rights Act and other federal civil rights law prohibitions against race, color, national origin, sex and religious discrimination through a May 6, 2025, “Dear Colleague” Letter.  In the dear Colleague Letter, OCR ‘clarifies’ its updated policies interpreting and enforcing what constitutes race-based discrimination under Title VI, Section 1557, and the Equal Protection Clause of the United States Constitution as applied to student admissions, academic and campus life, and the operation of university hospitals and clinics.

The Dear Colleague Letter reiterates that Title VI and Section 1557 prohibit academic medical and other covered organizations from relying on race-based criteria, racial stereotypes, and facially neutral criteria that operate as a pretext for race.  Instead, citing to the Supreme Court’s decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023) and President Trump’s Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, the Dear Colleague Letter warns HHS funded academic medicine and other organizations that these federal rules require health care providers, and those in the health professions pipeline make their selections and decisions “based on merit and clinical skills, not race” or other non-merit based criteria even when the purpose of the use of the criteria is to promote diversity or racial-balancing.

The Dear Colleague Letter discloses that in applying its merit-based interpretation of Title VI and Section 1557, OCR will prioritize enforcement against HHS funded organizations that:

  • Use race as part of their application or employment processes;
  • Require diversity, equity, and inclusion statements in connection with hiring or promotion; or
  • Lack clear policies demonstrating compliance with Students for Fair Admissions v. Harvard.

Accordingly, the Dear Colleague Letter advises medical schools and other HHS-funded organizations to:

  • Ensure their policies and procedures comply with existing federal civil rights laws;
  • Discontinue criteria, tools, or processes that serve as substitutes for race or are intended to advance race-based decision-making; and
  • End reliance on third-party contractors, clearinghouses, or data aggregators that engage in prohibited uses of race.

Act Now To Mitigate Risks From Past, Current & Future Non-Merit Based Decisions & Other Prohibited Discrimination

The new emphasis of HHS and other agencies on investigation and enforcement of federal protections for race, national origin, and other civil rights laws alone should prompt all health care and other HHS-regulated authorities prospectively to reevaluate and update their own practices to strengthen their defensibility under new standards.

As the Trump Administration civil rights directives and interpretations apply to all federal agencies, all organizations should consider and redress their exposure to civil rights or other discrimination under EEOC and other workforce, Department of Justice, and other applicable agency rules when assessing the adequacy of their existing policies and practices.

Organizations also should anticipate the likely need to defend past actions taking into account given the practice of HHS and other agency to apply the merit-based civil rights law interpretations of the Trump Administration even to events and actions that occurred while organizations were subject to the diversity, equity and inclusion friendly interpretations of federal civil rights laws during the Biden Administration. Since the investigation and enforcement actions announced by HHS and other agencies so far retroactively apply the newly announced Trump-era interpretations and standards to investigations of events and actions that occurred during the Biden Administration, prospective changes to enhance the defensibility of current and future actions alone may not be enough. Rather, health care and other organizations need to prepare for the possibility that HHS or other agencies may require their organization to defend Biden-era events under the new Trump Administration interpretations and enforcement policies. In the face of these developments, all health care organizations receiving funding from HHS should review their current and past policies and actions implicating federally civil rights laws to assess and manage their potential past exposures and mitigate future risks. 

Because the process of reviewing and revising their policies and practices inevitably will require medicine and other HHS-funded institutions to identify and engage in legally and politically sensitive discussions of past and current policies, events, and actions affecting the competing interests of individuals or organizations whose opportunities are either helped or hurt by the Trump Administration’s transition to a merit-based interpretation of civil rights laws as well as potential whistleblower and retaliation exposures, academic medicine and other HHS-funded organizations generally should work with within the scope of attorney-client privilege with legal counsel experienced with these and other civil rights laws and dealing with OCR and other agencies in relation to investigations and enforcement actions under these rules.

The author of this update, Cynthia Marcotte Stamer has decades of experience advising, representing, and defending health care providers, Medicare and Medicaid Advantage and other public and private health plans and plan sponsors, public and private employers, government contractors and grant recipients, educational organizations, child care facilities, employers, technology, data, third party administrators, and other managed care and other health care, defense, technology, life sciences and other clients about Civil Rights Laws and other religious, civil rights and other discrimination, HIPAA and other privacy and data security, False Claims Act and other billing and reimbursement, quality, technology, licensing and accreditation, whistleblower and other workforce, enforcement, governmental affairs, dispute resolution, and other compliance, risk management and operational matters. If you have questions or need advice or help evaluating or addressing these or other compliance, risk management, or other concerns, contact her. 

For More Information

We hope this update is helpful. For more information about the  or other health or other employee benefits, human resources, or health care developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452-8297.

Solutions Law Press, Inc. invites you receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn SLP Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy.

About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for her more than 35 years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications including leading edge work on workforce and other risk management and compliance.

Ms. Stamer’s work throughout her career has focused heavily on working with health care, health insurance and managed care, insurance and financial services, defense contractors, and other workforce and data sensitive businesses domestically and internationally on employment, benefits, data and other knowledge use and protection, Federal Sentencing Guidelines and other workforce and heath care management, internal and operational controls, regulatory and public policy and other legal and operational concerns.  As a part of this work, she has had extensive involvement in Civil Rights Laws, Section 1557 and other discrimination compliance, training, risk management and defense.

In addition, Ms. Stamer serves as a Scribe for the American Bar Association (“ABA”) Joint Committee on Employee Benefits annual agency meetings with OCR and shares her thought leadership as International Section Life Sciences Committee Vice Chair, and a former Council Representative, Past Chair of the ABA Managed Care & Insurance Interest Group, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her extensive publications and thought leadership as well as leadership involvement in a broad range of other professional and civic organizations. 

Author of many highly regarded compliance, training and other resources on cybercrime and other data privacy and security, health and other employee benefits, health care, insurance, workforce and other risk management and compliance, Ms. Stamer is widely recognized for her thought leadership and advocacy in these matters.  

For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides health care, human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on health care, leadership, governance, human resources, employee benefits, data security and privacy, insurance, and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources including the following recent publications about related emerging developments:

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

NOTICE: These statements and materials are for general information and purposes only. They do not establish an attorney-client relationship, are not legal advice or an offer or commitment to provide legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation considering the specific facts and circumstances presented in their unique circumstances at the particular time. No comment or statement in this publication is to be construed as legal advice or admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law constantly and often evolves, subsequent developments that could impact the currency and completeness of this discussion are likely. The author and Solutions Law Press, Inc. disclaim and have no responsibility to provide any update or otherwise notify anyone of any fact or law-specific nuance, change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

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Posted by Cynthia Marcotte Stamer

3/4 Dallas Bar Association Virtual Program Covers Disability Accommodation In Education, Facilities, Technology & Beyond

February 9, 2024

Disability accommodation presents many challenges for academic medical centers and other educators, as well as other health care, real estate, hospitality, technology, retail, state and local government, community and other organizations. 

The Dallas Bar Association invites interested attorneys, compliance and risk management, and other interested individuals to attend the March 4, 2024, virtual continuing education program on “Disability Accommodation In The Schools:  Education, Facilities, Technology and Beyond” hosted by the Education Law Study Group. The Program will be held virtually on Zoom from Noon to 1:00 p.m. Central Time.

Public and private schools, community colleges, universities, and other educational organizations must evaluate and deliver a broad range of accommodations to meet their federal responsibility to provide individuals with disabilities access to and an equal opportunity to benefit from their educational and all other programs, services, facilities, and activities. While the applicable statutes may vary, many of the public and other accommodations applicable to educational organizations also apply to other public and private organizations. Meanwhile, the educational rights of students with disabilities affect many individuals, their families and others throughout their communities.

Attorneys Hans P. Graff and Cynthia Marcotte Stamer will discuss the scope, similarities, and differences in the requirements and procedures that govern the duties of schools to provide accommodation for individuals with disabilities in their classrooms and curriculum, social and other activities, facilities, technology, and other aspects of the student’s relationship and participation in the school.  The program is approved for 1.00 hours of MCLE Credit.

All attorneys, educational leaders, and others interested in this important topic are encouraged to attend. To register and for other details about attending the program in person or via Zoom, see here.

About the Presenters

Hans P. Graff has over 30 years of education law experience.  After leaving active duty as a Navy Judge Advocate in 1993, Hans entered private practice with a firm representing school districts throughout Texas.  In 1995, Hans began serving as an Assistant and later Deputy General Counsel for the Houston Independent School District. In that capacity, he represented the school district in matters involving the U.S. Department of Education Office of Civil Rights, the Office of Special Education Programs, the Family Policy Compliance Office, and the U.S. Department of Justice. Additionally, he was responsible for representing Houston ISD in contested matters and hearings before the Texas Education Agency, the State Office of Administrative Hearings, the Texas Department of Agriculture, the State Board for Educator Certification, the Texas State Board of Examiners of Psychologists, and the State Board of Nursing.  For more than 20 years, Hans annually reviewed and revised the HISD Code of Student Conduct and routinely provided advice on student discipline and student issues. 

In addition to his representation of public schools, Hans also brings decades of combined public and private experience advising and representing governmental entities in litigation at all levels.  He also routinely advised administrators and the HISD Police Department on potential Constitutional matters such as free speech, search and seizure, and matters related to child custody, DFPS conservatorship, and family law and represented Houston ISD in over 300 special education due process hearings. Hans also advises and represents a broad range of other clients in federal and state courts, as well as in state administrative hearings.

Cynthia Marcotte Stamer has more than 35 years of experience advising and representing public and private school districts, colleges, universities, academic medical centers, health care, early childhood education, insurance, employee benefits, financial services, technology, real estate, hospitality, sports, entertainment, sports, entertainment, community and a diverse range of other organizations and their leaders about disability accommodation and other federal and state Civil Rights, diversity, inclusion and other discrimination laws and standards; FERPA, HIPAA, and other privacy and data use and security; employment, employee benefits, and other workforce; health care; mental health; substance abuse and testing; student, workforce and community safety; procurement and contracting; Student Justice Courts and other discipline; workforce and vendor performance management and discipline; governance; internal controls and compliance; governmental and regulatory affairs; crisis preparedness, response, and resolution; and a broad range of other legal and operational concerns. 

Cindy has extensive experience advising and representing school districts, colleges, universities, academic medical centers, and other educational organizations and others extensively about special education, workforce, health care, and community disability assessment and accommodation. This experience is further informed by her experience as the parent of a child with developmental disabilities, as well as her past service in the leadership of an early childhood intervention agency.  She frequently conducts compliance audits and investigations and advises and represents school districts and other educational institutions as well as students, parents and caregivers, and others about IEP/Section 504 and other special education; ESL, student and staff discipline; facility, technology, transportation, and other public accommodation; mental health; and related concerns. Cindy also advises, represents, and defends educational and other organizations about government, contractor, and other audits, investigations, enforcement actions, and other dealings with the UIL and other sports, academic or other associations, the Department of Education, Medicaid and other Department of Health and Human Services, EEOC, Wage and Hour and other Department of Labor; Department of Justice, Department of Agriculture, Internal Revenue Service, Texas Employment Agency, Texas Department of Health, Child Protective Services, Veterans Affairs, Department of Transportation, law enforcement and other government agencies and relations. She also has worked with Congress, legislatures, and federal and state regulators on education, disability, public health and safety, nutrition, workforce, employee benefits, compensation, Social Security and other public benefits, migration, transportation, tax, public finance, and a host of other legislative and regulatory issues through her client engagements and her regulatory affairs and public policy advocacy practice and leadership and involvement with PROJECT COPE; The Coalition on Patient Empowerment, the American Bar Association, and many other professional, civic and community organizations.

For More Information

Solutions Law Press, Inc. is honored to share information about this upcoming program. We hope this information is of interest to its readers. For more information about the Program, the Dallas Bar Association or its Education Law Study Group or other committees and activities, see the Dallas Bar Association Website.

Solutions Law Press, Inc. invites you to receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn SLP Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

IMPORTANT NOTICE ABOUT THIS COMMUNICATION

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

NOTICE: These statements and materials are for general informational and educational purposes only. They do not establish an attorney-client relationship, are not legal advice or an offer or commitment to provide legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstances at any particular time. No comment or statement in this publication is to be construed as legal advice or an admission. The author and Solutions Law Press, Inc.™ reserve the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules make it highly likely that subsequent developments could impact the currency and completeness of this discussion. The author and Solutions Law Press, Inc.™ disclaim, and have no responsibility to provide any update or otherwise notify anyone of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication. Readers acknowledge and agree to the conditions of this Notice as a condition of their access to this publication. 

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2024 Cynthia Marcotte Stamer. Limited non-exclusive right to republish granted to Solutions Law Press, Inc.™

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Posted by Cynthia Marcotte Stamer

Use Free Cyber Security Awareness Month Resources To Boost HIPAA & Other Cyber Security Training & Skills

October 25, 2015

Halloween’s annual celebration of spooks and goblins peak is a perfect time to promote awareness and help American businesses and citizens build their skills to guard against the real and growing menace of identity thieves and other cybercriminals by getting involved with the 12th annual National Cyber Security Awareness Month (NCSAM) in October, begin preparing to participate in the next annual “Data Privacy Day” on January 28, 2016 and joining in other activities highlighted through NCSAM and Data Privacy Day to help deter Cybercrime and identity theft threats. Even if your organization or family choose not to participate in any official or public way, checking out and using the many free resources provides an invaluable, free opportunity to raise your defenses against this rising menace.

Health care providers and organizations, health plans, and their business associates face special legal and ethical mandates to safeguard “protected health information” and other sensitive patient information under the Privacy & Security Rules of the Health Insurance Portability & Accountability Act (HIPAA), state health care, insurance, medical ethics and licensure, identity theft and other laws.   Most health care organizations and providers are sensitive to the need to comply with these requirements as a result of the stiff civil and criminal sanctions associated with violation of these medical privacy and data security requirements and notoriety surrounding stiff sanctions imposed as part of their enforcement, effective operationalization and maintenance of compliance with these rules remains a continuous challenge and only covers a small part of any health care organization’s legal responsibilities and risks.   Health care organizations not only must manage their health care specific  obligations, but also a host of other concerns like those that apply to other organizations.  Getting workforce members, vendors, patients and others to understand and practice good Cyber Security in all aspects of their personal and private lives is key to effective management of all of these risks and responsibilities.

With virtually every American business and citizen now connected to and using the Internet to conduct key personal and business transactions and the constant drive by government and business to digitize regular business transactions, no one agency, business or individual alone can truly know where and who has their sensitive data, much less reliably can defend this data against the identity and other theft and other cybercriminals lurking in the digital world’s virtual streets waiting to strike, then disappear in “Jack The Ripper” style into the darkness of the Internet.  That’s why every American and American business in general – and health industry organizations and providers particularly – should take time to participate and urge others to Get Involved in the 12th Annual NCSAM activities this month and use the supportive resources offered through that involvement throughout the year.

Celebrated annually in October, NCSAM was created to provide resources to help Americans stay safer and more secure online through public-private collaboration between the U.S. Department of Homeland Security and industry led by the National Cyber Security Alliance (NCSA). NCSAM and its associated activities outreach to consumers, small and medium-sized businesses, corporations, educational institutions and young people across the nation.  NCSAM 2015 particularly focuses on the consumer and his/her needs regarding cybersecurity and safety continuing the overall message of STOP. THINK. CONNECT. Campaign founded in 2010 and its capstone concepts: “Keep a Clean Machine,” “Protect Your Personal Information,” “Connect with Care,” “Be Web Wise” and “Be a Good Online Citizen.” NCSAM seeks to remind Americans to incorporate “STOP. THINK. CONNECT.” into their online routines and offers resources to help individuals understand and put these principles into practice into their online routine at the home, the office and elsewhere.

Designed to be accessible and understandable by consumers, many business and government organizations may want to support and promote their Cyber Security employee and customer training and awareness efforts by participating annually in NCSAM in October, signing up your organization to Data Privacy Day Champion and/or participating in Data Privacy Day on January 28, 2016, or otherwise using and sharing tips, tools and other resources in the Privacy Library such as:

General Privacy & Cyber Security Awareness

Keep a Clean Machine/Cookies & Behavioral Tracking

  • Malware & Botnets
  • A video about cookies and why they matter created by the Wall Street Journal.
  • Information about the Network Advertising Initiative (NAI) offering opt-out of online behavior advertising and provides factual information about online behavioral advertising, privacy, cookies.

Health Privacy

Identity Theft Prevention & Clean Up

Mobile App Privacy & Security

Student & Educational Privacy & Security

  • I want to each online safety for Grades K-2,  Grades 3-5  Middle and High School Higher Education and CSave Volunteer Lesson Plans & Materials
  • The Protecting Privacy in Connected Learning toolkit is an in-depth, step-by-step guide to navigating the Family Education Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA) and related privacy issues.
  • Securing Your Home Network
  • The Family Educational Rights and Privacy Act, or FERPA, is the main federal law that deals with education privacy, but there are a host of other laws, best practices, and guidelines that are essential to understanding education privacy. FERPA|SHERPA aims to provide service providers, parents, school officials, and policymakers with easy access to those materials to help guide responsible uses of student’s data.
  • General guidance for parents provided by the department of education Family Educational Rights and Privacy Act (FERPA)
  • Student Privacy 101: FERPA for parents and students – Ever have questions about your rights regarding education records? This short video highlights the key points of the family education rights and privacy act (FERPA).

Other Resources 

About the Author

Cynthia Marcotte Stamer is a practicing attorney and Managing Shareholder of Cynthia Marcotte Stamer, P.C., a member of Stamer│Chadwick │Soefje PLLC, author, pubic speaker, management policy advocate and industry thought leader with more than years’ experience helping business and government organizations and their leaders manage. Ms. Stamer’s legal and management consulting work throughout her 28 plus year career has focused on helping organizations and their management understand and use the law and process to manage people, process, compliance, operations and risk including significant work in the prevention, investigation and remediation of data breach and other Cybercrime events.

Scribe responsible for leading the American Bar Association (ABA) Joint Committee on Employee Benefits (JCEB) annual agency meeting with the Department of Health & Human Services Office of Civil Rights,Scribe responsible for leading the American Bar Association (ABA) Joint Committee on Employee Benefits (JCEB) annual agency meeting with the Department of Health & Human Services Cynthia Marcotte Stamer’s practice has focused on advising and representing government and private technology, security, health care providers, health plans, health, schools and other educational organizations, insurance, banking and financial services, retail, employer and other organizations about privacy and data security compliance and risk management, breach and other investigations and enforcement, workforce and performance management and other risk management, compliance, public policy, regulatory, staffing, and other operations and risk management concerns.

With data and technology use, protection and management imbedded in virtually every aspect of her client’s operations, data and other confidential information and systems use, protection, breach or other abuse investigation and response, enforcement and liability mitigation and defense and other Cybercrime and Cyber Security challenges are a continuous component of Ms. Stamer’s management work.  Ms. Stamer helps public and private, domestic and international businesses, governments, and other organizations and their leaders manage their employees, vendors and suppliers, and other workforce members, customers and other’ performance, compliance, compensation and benefits, operations, risks and liabilities, as well as to prevent, stabilize and cleanup workforce, data breach and Cybercrime, and other legal and operational crises large and small that arise in the course of operations.  Ms. Stamer regularly helps clients design, administer and defend HIPAA, FACTA, data breach, identity theft and other risk management, compliance and other privacy, data security, confidential information and other data security, technology and management policies and practices affecting their operations.   She also helps clients prevent, investigate and mitigate HIPAA, FACTA, PHI and other data breach hacking, identity theft, data breach, data loss or destruction, theft of trade secrets or other sensitive data, spoofing, industrial espionage, insider and other parties misuse of data or technology and other cybercrime and technology use concerns.  Best-known for her extensive work helping health care, insurance and other highly regulated entities manage both general employment and management concerns and their highly complicated, industry specific corporate compliance, internal controls and risk management requirements, Ms. Stamer’s clients and experience also includes a broad range of other businesses.  Her clients range from highly regulated entities like employers, contractors and their employee benefit plans, their sponsors, management, administrators, insurers, fiduciaries and advisors, technology and data service providers, health care, managed care and insurance, financial services, government contractors and government entities, as well as retail, manufacturing, construction, consulting and a host of other domestic and international businesses of all types and sizes.  Common engagements include internal and external privacy and data security compliance, risk management, investigation and remediation, workforce hiring, management, training, performance management, compliance and administration, discipline and termination, and other aspects of workforce management including employment and outsourced services contracting and enforcement, sentencing guidelines and other compliance plan, policy and program development, administration, and defense, performance management, wage and hour and other compensation and benefits, reengineering and other change management, internal controls, compliance and risk management, communications and training, worker classification, tax and payroll, investigations, crisis preparedness and response, government relations, safety, government contracting and audits, litigation and other enforcement, and other legal and operational compliance, risk management, disaster preparedness and response, and liability defense and mitigation concerns arising out of organization’s operations.

Cindy also is widely recognized for her regulatory and public policy advocacy, publications, and public speaking on privacy and other compliance, risk management concerns. Among others, she is the author of “Privacy & Securities Standards-A Brief Nutshell,” “Privacy Invasions of Medical Care-An Emerging Perspective,” the E-Health Business and Transactional Law Chapter on Other Liability-Tort and Regulatory;” “Cybercrime and Identity Theft: Health Information Security Beyond HIPAA;” “Personal Identity Management Legal Demands and Technology Solutions;” “Tailoring A Records Management Plan And Process To Meet Your Legal And Operational Needs;” “Brokers & Insurers Identity Theft and Privacy Perils;” “HR’s Role In Personal Identity Theft & Cyber Crime Prevention;” “Protecting & Using Patient Data In Disease Management Opportunities, Liabilities And Prescriptions;” “Why Your Business Needs A Cybercrime Prevention and Compliance Program;” “Leveraging Your Enterprise Digital Identity Management Investments and Breaking though the Identity Management Buzz;” “When Your Employee’s Private Life Becomes Your Business;” “Healthcare Breaches: How to Respond” and hundreds of other works. Her insights on privacy, data security, and other matters have appeared in The Wall Street Journal, Business Insurance, the Dallas Morning News, Spencer Publications, and a host of other publications. She speaks and has conducted privacy training for the Association of State & Territorial Health Plans (ASTHO), the Los Angeles Health Department, the American Bar Association, the Health Care Compliance Association, a multitude of health industry, health plan, insurance and financial services, education, employer employee benefit and other clients, trade and professional associations and others.

Highly valued for her rare ability to find pragmatic client-centric solutions by combining her detailed legal and operational knowledge and experience with her talent for creative problem-solving, Ms. Stamer works with businesses and government organizations and their management, employee benefit plans, schools, financial institutions, retail, hospitality, and other organizations deal with all aspects of these and other operations performance and compliance management.  She supports her clients both on a real time, “on demand” basis and with longer term basis to deal with daily performance management and operations, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.

Ms. Stamer also is active in the leadership of a broad range of other professional and civic organizations. For instance, Ms. Stamer serves on the steering committee and as a faculty member of the Southern California ISSA-HIMMS Annual Security Summit and Chaired its 2015 3rd Annual Health Care Privacy Summit.  Ms. Stamer presently serves on an American Bar Association (ABA) Joint Committee on Employee Benefits Council representative; Vice President of the North Texas Healthcare Compliance Professionals Association; Immediate Past Chair of the ABA RPTE Employee Benefits & Other Compensation Committee, its current Welfare Benefit Plans Committee Co-Chair, on its Substantive Groups & Committee and its incoming Defined Contribution Plan Committee Chair and Practice Management Vice Chair; Past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group and a current member of its Healthcare Coordinating Council; current Vice Chair of the ABA TIPS Employee Benefit Committee; the former Coordinator and a Vice-Chair of the Gulf Coast TEGE Council TE Division; on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.  She also previously served as a founding Board Member and President of the Alliance for Healthcare Excellence, as a Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; the Board President of the early childhood development intervention agency, The Richardson Development Center for Children; Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a member of the Board of Directors of the Southwest Benefits Association. For additional information about Ms. Stamer, see here, or the Stamer Chadwick Soefje PLLC website here.  To contact Ms. Stamer, e-mail her at here or telephone (469) 767-8872.

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©2015 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.. All other rights reserved.

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