Category:

Regulation

FCC Votes to Overhaul Internet Regulation

On May 18, 2017, the Federal Communications Commission (FCC) voted 2-1 to initiate the process of rolling back net neutrality provisions put in place by the Obama administration designed to keep the Internet open and fair. The FCC Chairman’s proposal will end the “utility-style strict regulatory approach that gives government control of the Internet.” The current FCC intends to implement market-based policies designed to preserve Internet freedom and reverse declining infrastructure investment, innovation, and options for consumers it argues resulted from the FCC’s actions in 2015.

Fight over the CFPB’s Arbitration Rule Exposes Rift Between Federal Regulators

Since its inception in 2010, The Consumer Financial Protection Bureau (CFPB) has garnered its fair share of criticism and controversy.  The regulator was created by the Dodd-Frank legislation to curb the practices and risks, which brought about the financial crisis of 2007-2008.  The CFPB is often criticized by the banks and firms it regulates, but now a fellow federal regulator is casting doubt on the CFPB’s new rule concerning mandatory arbitration clauses found in contracts for commonly used banking products, such as checking accounts and credit cards.  The rule is also opposed by Congress, which is working on measures to repeal the rule, and several financial industry and lobbying groups who are suing the CFPB.

JCAR Unanimously Approves Compromise Language on Proposed ICC Rule 412

In a rare ruling on September 12, 2017, the Joint Committee on Administrative Rules (JCAR) unanimously approved revisions to the Illinois Commerce Commission’s (ICC) proposed Part 412 Order. The ICC and members of the Alternative Retail Electric Suppliers (ARES) community negotiated the adopted compromise language. Part 412 of the Illinois Administrative Code, Title 83, Chapter 1, outlines the obligations of retail electric suppliers. Lobbyists for Retail Energy Supply Association (RESA) estimate that this compromise has been up to five years in the making.

Averting Disaster: Building Regulations in the Wake of Hurricane Irma

After Hurricane Irma’s dissipation on September 15, 2017, the residents of Florida can now begin to assess the damage caused by the strongest hurricane making landfall since Katrina in 2005. According to early estimates, Irma has caused over 62 billion dollars in damage. However, amongst the destruction there is a silver lining; the damage caused was significantly limited by building regulations that went into effect in 2002. Homes and buildings that would have otherwise been destroyed by Hurricane Irma were able to survive, and suffered only minor damage.

Trump Administration and American Companies Challenge Chinese Regulation Regarding Intellectual Property

Chinese foreign investment policies have long favored investments that bring the country technological advances from foreign companies. In recent years, China has increasingly developed policies which force foreign companies to share their intellectual property with China and to allow Chinese companies to conduct business with the foreign country China has backed off their previous requirements to transfer such information in an attempt to meet the requirements of the World Trade Organization (“WTO”) since joining the organization in September of 2001. Evidenced by President Donald Trump recently signing a directive to initiate an investigation into Chinese trade practices regarding the attainment of intellectual property from foreign companies, many companies and trade organizations believe that China is not adequately protecting intellectual property rights of foreign companies.

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption

Hague Conference on the Protection of Children and Co-Operation in Respect of Intercountry Adoption Convention is an international treaty agreement protecting the best interests of children in international adoptions. The Hague Convention (“Convention”) establishes standards of practice that are adhered to by the member countries. The overall goal is to protect children in the international adoption process while preventing the abduction, exploitation, sale and trafficking of children. The convention applies to any US citizen who is a US resident in the adoption of any child from certain countries.

Dealing with 71 Medical Licensure Boards: American Doctors Trip Over State Lines

In April 2013, members of the Federation of State Medical Boards (FSMB) and the Council of State Governments (CSG) embarked on a venture to create the Interstate Medical Licensure Compact (the Compact or IMLC), a voluntary, expedited pathway to licensure for qualified physicians who wish to practice medicine in multiple states. On April 20, 2017, the Interstate Medical Licensure Compact Commission, (IMLCC) issued its first Interstate Medical License to a Wisconsin physician who applied to practice in Colorado, setting a groundbreaking precedent in medical licensure portability. While the IMLC is a great first step toward increasing access to healthcare by expanding licensure portability, this initiative faces multiple regulatory hurdles.

Government Scrutiny of Patient Assistance Programs

In the eyes of underinsured or uninsured patients, Patient Assistance Programs (PAPs) offer access to otherwise unaffordable medications. However, there are questions being raised whether PAPs are being abused by manufacturers as an inappropriate inducement. The government is increasing its inquiries into PAPs and is beginning to take more investigative action.  PAPs are often funded by charitable donations from companies who benefit from the PAP paying for co-insurance for the very drugs the company manufactures. It is essential for companies seeking to develop or maintain charitable donations to remain compliant with existing regulations, but also be aware of forthcoming regulations as a result of present actions.

Call for Papers: Center for Compliance Studies 2018 Symposium “What is the Role of a Regulation if it is Not Enforced?”

The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?”  The Symposium will take place at Loyola University Chicago School of Law …
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Finalized Rule: Tough Love for Medicaid MCOs?

Kaitlin Lavin Executive Editor Loyola University Chicago School of Law, JD 2017   Last May, the Centers for Medicare and Medicaid Services (CMS) issued a final rule for Medicaid managed care, which told states to stop making pass-through payments to healthcare providers. Pass-through payments have played a critical role in funding safety net hospitals which …
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