Texas I-9 Confusion

Many Texas Notaries a few years ago quit doing I-9 Forms because of the liability & the laws are somewhat confusing regarding government I-9 forms. So, after much conversation with the Texas Secretary of State directly here is the low down:


Some states might authorize their notaries to complete and attest to an I-9 form on behalf of an employer, but Texas notaries are not authorized to do so.

According to information I found in the USCIS Handbook for Employers (http://www.uscis.gov/files/form/m-274.pdf), an employer’s “designated agent” can complete the I-9 form on behalf of the employer. The handbook states, with regard to certification of Section 2 of the form, “If a designated agent or notary public completes this section, he or she must provide the employer’s name and address under his or her signature.”

So, an employer could designate an agent to complete the form. A Texas notary has no independent authority to complete the form. If you are a notary, and an employer designates you as its agent to complete the form, then you could complete the form as a designated agent. You could not put your notary stamp on it or otherwise suggest that you completed it in your capacity as a Texas notary.

So what this means in the end you are NOT allowed to put your notary stamp on any I-9 form but you can complete it as an designated agent.

Texas Enacts Expansive New Health Privacy Law

Last month, Texas Governor Rick Perry signed a health privacy bill into law that imposes new obligations exceeding the requirements in the HIPAA Privacy Rule.  The law, which will become effective on September 1, 2012, incorporates the expanded definition of the term “covered entity” in Texas’s existing health privacy law and could have a broad impact on many non-HIPAA covered entities.
Under the Texas law, the term “covered entity” includes any entity that engages in “assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information,” as well as any entity that “comes into possession of” or “obtains or stores” protected health information (“PHI”).  Notably, the new Texas health privacy law:

• Requires all employees of covered entities to undergo training on HIPAA and Texas’ health privacy law within 60 days of hiring (and at least once every 2 years);
• Bans the disclosure of PHI for remuneration, except that covered entities may disclose PHI to other covered entities for treatment, payment, health care operations, insurance or HMO functions, or as authorized or required by federal or state law;
• Requires covered entities to provide notice to individuals that their PHI is subject to electronic disclosure and obtain authorization for any electronic disclosure of PHI (apart from disclosures of PHI to other covered entities for treatment, payment, health care operations, insurance or HMO functions, or as authorized or required by federal or state law);
• Mandates that health care providers provide individuals with access to their PHI within 15 days of their request;
• Authorizes the Texas Attorney General, Texas Health Services Authority or Texas Department of Insurance to conduct compliance audits of covered entities that have consistently violated the Texas law; and
• Obligates the Texas Health Services Authority to develop privacy and security standards for the electronic sharing of PHI.

Read the text of H.B. 300.

(Reuters) - Nearly 12 million Americans were victims of identity theft in 2011, an increase of 13 percent over 2010

according to a report released on Wednesday by the research firm Javelin Strategy & Research.

Another headline other day:

(Android Security issues) 5 million of Android devices got infected by virus, security giant Symantec says.

The above has been a well known issue with androids since the release.... with so much ID theft via phones why are folks not paying attention?

Here are a few tips:

From Javelin to avoid becoming an identity fraud victim and mitigating losses:

- Password protect your home and mobile devices. Avoid exposing personal information that can be used by someone else for identity verification.
- Be careful about the apps you download. Only download through a service that monitors the apps, such as iTunes.
- Share information carefully when you are on a public wifi network.
- Monitor your credit cards by checking their use online or reading the statements carefully. Quickly report to your credit card issuer if you see any suspicious transactions.
- Take data breach notifications seriously. If your data has been accessed, consider subscribing to a credit-monitoring service, which is often is offered for free for a year by the company that had been breached.

~~~~~~~~~~~~~~~~~~~~~~~and more Tips from me:

1. Lock your screen with a pin code or password. While this seems simple, anything that provides an extra layer of difficulty for an untrustworthy user is beneficial.
2. Install and enable remote services. All major smartphone operating systems (Blackberry, iOS, Android, Windows Mobile) can be enabled with some or all of these features: remote lock, remote wipe, and even GPS location (for finding where your phone went) are available in many cases. This goes hand in hand with No. 3.

3. Back up your data. Either through a product that offers this functionality, or simply by copying your documents, pictures and info to your computer. This can save you in the event of a lost, stolen, destroyed, or otherwise non-functioning phone.
4. Use encryption where available. Though not offered on every platform, if you can use it, you should. Even in cases where you lock your phone, the data on your device storage can, in some cases, be accessible unless it is encrypted. This includes external memory cards, such as SD cards, installed in the device as well.
5. Use Antivirus. The mobile malware landscape is developing more quickly now than ever before, due to increased reliance on smartphones for everyday tasks such as banking, paying bills, and managing finances. As a direct result, malware writers will likely show an ever increasing interest in gaining access to your money.