Workplace wellness programs — efforts to get workers to lose weight, eat better, stress less and sleep more — are an $8 billion industry in the U.S. Recently, Centers for Medicare and Medicaid Services (CMS) launched a pilot project for states to implement health-contingent wellness programs in the individual market. The project is part of a mandate under the Affordable Care Act that added a provision to the Public Health Service Act calling for health-contingent wellness programs to be tested in the individual market through a pilot project operated by HHS, the Department of Labor and the Treasury Department.
In 2008, the Illinois legislature introduced and passed the Biometric Information Privacy Act (BIPA), which became the first law of its kind in the US. BIPA was passed to protect individuals against the unlawful collection and storing of biometric information. While many states have enacted similar laws, BIPA remains the most stringent among its contemporaries.
Today, we have entire generations of people who do not know life without the internet. Social medial plays a central role in the lives of these individuals. Originally created to serve a purely social function, social media platforms have changed. Many consumers even use sites like Twitter, Snapchat, and Instagram as their primary source of news. In addition, social media is an integral marketing tool for many businesses. No matter its function, no one can deny the presence of social media in our everyday lives. The impact of social media is so profound that it is worth considering its negative effects. In particular, social media companies must be cognizant to their platform’s impact on adolescents. Many Americans, mainly parents, feel social media companies are not doing enough. But are they required to do more? Should the government become involved, similar to their involvement in the Facebook privacy controversy?
Thanks to the continued prominence of social media in people’s daily lives, it is no surprise that more familiar marketing strategies such as celebrity product endorsements would update for the current era. Recently, social media advertising has practically entered the realm of science fiction with the introduction of computer-generated influencers. These avatars are created to sell, but who is responsible if they fail to comply with advertising laws?
On September 30, 2019, California signed into law the biggest change to college athletics in the modern era of the National Collegiate Athletic Association (“NCAA”). Senate Bill 206 will allow college athletes to profit from the use of their name, image, and likeness, as well as protect the athletes from sanctions by the NCAA for violations stemming from the profits. One of college athletics’ core tenants has been the amateurism of their athletes and the emphasis on scholarship. This monumental change will have far reaching and lasting impact on college athletics and may disrupt the whole system as we know it.
At first glance, the Fair Housing Act is fairly straightforward: one must not discriminate on the basis of race, color, national origin, religion, sex, familial status, or disability. These classes are protected by federal law and applicable universally in the United States of America. In practice, however, the fine line complying with FHA anti-discrimination laws and complying with internal leasing policies – aimed at protecting the company from high-risk renters — can be difficult to discern for apartment leasing agents.
In this day and age, virtually anything can be shipped anywhere. No matter the destination, an item arrives at our door with only a few clicks. Rarely do we stop to think about how it gets to our door. We often overlook the regulations surrounding each package on its journey. The shipping of simple, everyday items, is fairly straight-forward and regulations more relaxed. However, the shipment of complex items, like hazardous materials, carries additional challenges.
On September 9th, 2019, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued its first enforcement action and settlement under its Right of Access Initiative. This came as a reaction to Bayfront Health St. Petersburg (Bayfront) paying $85,000 in fines to OCR. Bayfront adopted a corrective action plan to settle a potential violation of the right of access provision of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule after they failed to provide a mother timely access to the records about her unborn child. In response, the OCR Director, Roger Severino, stated “[w]e aim to hold the health care industry accountable for ignoring peoples’ right to access their medical record and those of their kids.”
The California Consumer Privacy Act (CCPA) has been the first step away from the sectoral approach that United States’ privacy laws have followed for many years. While it is set to take effect on January 1, 2020—only recently was the first draft guidance published. Set forth by California’s Attorney General, Xavier Becerra, it states how the CCPA will be enforced. As is standard in notice and rulemaking standard in administrative law, a public consultation period is now in effect and will remain open for comments and hearings until December 6, 2019.
On September 5, 2019, the Centers for Medicare and Medicaid Services (“CMS”) released its final rule with comments on Program Integrity Enhancements to the Provider Enrollment Process (“ The Program Integrity Enhancements”). The final rule gives CMS the power to revoke Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) enrollments of providers or suppliers who have an “affiliation” with previously sanctioned entities, even if those providers and suppliers aren’t directly violating any existing rules themselves. CMS says that this new authority will help to “stop fraud before it happens.”