State-Pennsylvania AG announces settlement with Electric Mobility Corp.

Pennsylvania Attorney General Tom Corbett announced an agreement with Electric Mobility Corporation of Sewell, NJ, manufacturers of the Rascal Scooter motorized wheelchair as well as electric scooters, electric wheelchairs, lift chairs and accessories, "to settle concerns of alleged misleading or deceptive marketing practices."


According to the AG's web site, the agreement settles allegations including that Electric Mobility engaged in telephone sales; lacked a Certificate of Authority to conduct business in Pennsylvania; failed to provide some consumers with a properly dated "Notice of Cancellation" as required by the Pennsylvania Consumer Protection Law; and failed to clearly explain insurance coverage and payment to consumers.

Corbett said in a press release on his webs site that Electric Mobility has provided restitution to all consumers who registered complaints showing evidence of apparent violations of the Consumer Protection Law. Corbett also stated that the agreement assures that Electric Mobility will comply with Pennsylvania Consumer Protection Law, and will additionally require detailed disclosures and explanations on marketing materials as well as during personal sales presentations. The press release says that according to the agreement, "Electric Mobility will pay $15,000 for costs, future public protection and educational purposes. Additionally, the company will provide refurbished Power Chairs to 10 needy Pennsylvania consumers."

State-California law regarding medical records safety to take effect

California laws protecting medical record privacy take effect in 2009. California Health & Safety Code 130200 et seq., requires health providers to prevent unlawful access, use or disclosure of patients' medical information, and holds health care providers and other individuals accountable for ensuring the privacy of patients. In addition, the legislation creates the Office of Health Information Integrity within the California Health and Human Services Agency to assess administrative penalties against individuals up to $250,000.

California Health & Safety Code 1280.15 states that health care facilities including clinics, home health agencies, or hospices shall prevent unlawful or unauthorized access to, and use or disclosure of, patients' medical information. The California Department of Public Health, after investigation, may assess an administrative penalty for a violation of this section of up to $25,000 per patient whose medical information was unlawfully or without authorization accessed, used, or disclosed, and up to $17,500 per subsequent occurrence. The health care agencies must report unlawful or unauthorized access to, or use or disclosure of, a patient's medical information to the department no later than five days after the unlawful or unauthorized access, use, or disclosure has been detected.

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