INSIDE COMPLIANCE – Page 39 – Loyola University Chicago School of Law

The Supreme Court Is Not Protecting Women’s Rights, so Will the 49th Anniversary of Roe v. Wade Be Its Last?

February 2, 2022Uncategorized

In 1973, the Supreme Court ruled in Roe v. Wade that states could not create onerous requirements that interfered with a patient’s right to an abortion up to the point of viability of the fetus, which was around 24 weeks. Roe and Planned Parenthood v. Casey established and protected patients’ rights to privacy and healthcare autonomy in reproductive health. However, as I previously explained in Abort Texas’ New Abortion Law, Texas’ new law erodes that decision. On January 20, 2022, the Supreme Court was presented with the opportunity to address this issue. The Court denied Texas abortion clinics’ request to immediately return to litigation over the Court’s acceptance of Texas’ six-week abortion law. However, the threat to reproductive health is not isolated to Texas; other states have enacted similar laws.

Health InsuranceJournal of Regulatory ComplianceRegulation

Big Tech vs the American Innovation and Choice Online Act

February 1, 2022Uncategorized

Amazon, Apple, Facebook, and Google are dominating the headlines with record-breaking profits and dismissals of antitrust lawsuits; however, that may not last long with new antitrust bills gaining traction in Congress. In fact, when the Senate Judiciary Committee voted 16 – 6 to advance a major antitrust bill on January 20, 2022, the American Innovation and Choice Online Act, the tech companies stock prices dipped. Currently, with bipartisan support, the bill is on a path to pass the Senate.

amazonAntitrustApplebig techCongressFacebookgoogleJournal of Regulatory Compliance

Lawmaker and Federal Official Stock Trading: Are More Stringent Regulations Necessary?

January 31, 2022Finance & Banking

Although lawmakers must disclose their trades to the public, some members of Congress believe more stringent regulations are necessary to limit members’ trading activity. Specifically, Senator Jon Ossoff (D., Georgia) has become a leading voice, planning to introduce legislation that would compel members of Congress to put their assets in a blind trust. Moreover, Federal Reserve Chairman Jerome Powell has been pushing for stricter ethics rules for Federal officers amidst several resignations of Fed bank officers.

Journal of Regulatory Compliance

Compliance and Aducanumab – How Should Providers Balance FDA and CMS Guidance?

January 29, 2022Drugs & Devices

As my colleague at Inside Compliance discussed here in September, the FDA approved Aducanumab for the treatment of Alzheimer’s Disease on June 7, 2021. Aducanumab, marketed as Aduhelm, is intended to reduce beta-amyloid levels. This compound is responsible for forming a “plaque” which inhibits neuron function and eventually triggers neuronal apoptosis (death of neurons). Now, a recent decision by CMS on insurance reimbursement for aducanumab has increased the compliance responsibilities of providers.

#Aducanumab#Aduhelm#Alzheimer's DiseaseCMSFDAregulatory compliance

The Not-So-Sustainable Side of Electric Vehicles

January 28, 2022Uncategorized

Set against the backdrop of climate change and a growing global push for sustainability, more people than ever before are turning toward Electric Vehicles (EVs) as a simple swap to reduce their carbon footprint – but are EVs really more sustainable? Although they might seem more sustainable, the long-term impacts of EVs on the environment are still not entirely known. While EVs reduce fossil fuel consumption now, what happens to the battery in an EV when it dies? Can it be recycled? How are the batteries produced? All these factors contribute to an uncertainty around EVs that has governments and scientists thinking of ways to improve the sustainability of the EV industry.

battery recyclingbattery wasteelectric vehicleelectric vehicle batteryEnergyenvironmental regulationEV

Regulating Crypto Markets through the Build Back Better Act: Crypto Investors’ Future Compliance with Wash Sale Rules

January 27, 2022Finance & Banking, The Marketplace

The Build Back Better Act, which passed through the House of Representatives in November 2021, has been stalled in the Senate for several months. Senate Majority Leader Chuck Schumer has insisted that Democrats will work until the bill is passed. Within the Build Back Better Act, cryptocurrencies are shifted from being treated like property to being treated more like traditional securities, subjecting all digital currencies to wash rules under Section 1091. With cryptocurrencies collectively evaluated at upwards of $3 Trillion in 2021, crypto investors under the Build Back Better Act would be subject to the regulatory anti-abuse rules that currently apply to both stocks and bonds. This move by Democrats is for taxing purposes, but ultimately will call into question the IRS’ ability to regulate certain crypto transactions and asset disclosures. Additionally, questions have been raised as to the future regulation of cryptocurrencies and what that will mean for one of the most volatile trading markets.

blockchainCryptocurrencyIRSJournal of Regulatory Compliancetax

Investor Choice Act Approved by House Committee

January 26, 2022Finance & Banking

For several years, broker-dealers and investment advisory firms have typically required harmed investors to dispute matters through arbitration rather than the court system. However, the House of Representatives’ Financial Services Committee has approved a bill aimed at prohibiting mandatory arbitration commonly imposed by broker-dealers and investment advisory firms. H.R. 2620, known as The Investor Choice Act, restricts investment advisors and broker-dealers from including pre-dispute binding arbitration clauses in their client agreements. The Investor Choice Act addresses “long-standing and deeply unfair practices of forcing customers to resolve their claims through arbitration instead of as part of a class action,” according to Maxine Waters, Chairwoman of the Financial Services Committee.

CongressDodd-FrankFinancial services complianceFINRAMandatory ArbitrationRegulationSecurities and Exchange Commissionsecurities exchange act

Expanding Mental Health Services Through Community-Based Care: Crisis Stabilization Centers

January 25, 2022Uncategorized

Many believe that a hospital emergency department is potentially the worst place for an individual experiencing a mental health crisis. Emergency departments are often loud, bright, and bustling with hospital employees, emergency responders, patients, and visitors. These conditions are stressful and can further trigger additional symptoms for individuals facing a psychiatric crisis. Moreover, many individuals experiencing a mental health crisis do not require inpatient care at a psychiatric hospital. Rather, there is a growing trend to promote community-based care through Crisis Stabilization Center Models. Crisis stabilization centers or units provide an alternative to traditional emergency department and psychiatric hospitalization care by providing continuous care for a short period of time in a safe environment for those with an acute psychiatric crisis.

community-based caremental health careRegulation

America’s Fight Against Robocalls

January 24, 2022Fraud & Abuse

Robocalls are an increasing threat to Americans across the country. In 2020, American consumers received nearly 4 billion robocalls per month. This number quickly increased in March 2021 when Americans received 4.9 billion robocalls. Although not all robocalls are illegal, illegal robocalls hurt Americans by spamming them to market a product. Americans have a choice to give their written consent, but the issue stems from robocalls marketing products without written consent. About 60 million Americans say they have been a victim to phone scams in the last year and have lost nearly $30 billion as a result. Unfortunately, despite the FCC and FTC increasingly targeting spammers and illegal robocalls, it is difficult to say when this problem will end.

FCCFTCPrivacy & Securityrobocalls

Stadiums, Casinos, and Riverboats: Illinois and Chicago Hedging Their Bets on the Future of Gambling Regulations

December 11, 2021The Marketplace

Illinois has historically been at the forefront of gambling regulations in the United States. Chicago, on the other hand, has resisted sanctioning formalized gambling locations until recently. Following the passage of the 2019 Gaming Expansion Law, Illinois expanded gambling across the state and Chicago is planning to open its first casino by 2025. Chicago is also concurrently debating an ordinance that would allow sports gambling within the city’s stadiums and arenas.

Chicago CasinoChicago City CouncilGamblingGambling Expansion Lawsports gambling