INSIDE COMPLIANCE – Page 54 – Loyola University Chicago School of Law

Final Rule and Updates to Non-discrimination Regulations of the ACA

February 16, 2021Uncategorized

The Department of Health and Human Services (“HHS”) finalized revised regulations that implemented Section 1557 of the Affordable Care Act (“ACA”) in June of 2020. This section prohibits discrimination within health programs and activities receiving federal financial assistance based on race, color, sex, age, disability, and national origin. In comparison to the Obama-era regulations issued in 2016, the new final rule does away with gender identity and sexual orientation nondiscrimination protections not only under Section 1557, but under ten other federal regulations as well. This also includes a roll back of certain health insurance coverage protections for transgender individuals.

ACAcomplianceDiscriminationhealthcareHHSJournal of Regulatory ComplianceRegulation

One of Wall Street’s Hottest Trends: The SPAC

February 16, 2021Finance & Banking

SPACs have been around for decades and often existed as last resorts for small companies that would have otherwise had trouble raising money on the open market. But they’ve recently become more prevalent because of the extreme market volatility caused, in part, by the global pandemic.

While many companies chose to postpone their IPOs due to the pandemic, others chose the alternate route to an IPO by merging with a SPAC. A SPAC merger allows a company to go public and get a capital influx more quickly than it would have with a conventional IPO.

Bankingfinancefinancial regulationRegulationSEC

Chicago City Council Debates Urban Forestry Advisory Board To Address Declining Tree Population

February 15, 2021Uncategorized

Across the United States, metropolitan areas are experiencing a net loss of about 36 million trees every year. That amounts to about 175,000 acres of lost tree cover. Meanwhile, Chicago loses more than 10,000 trees every year due to, in part, inefficient tree trimming and management. Fewer trees means less shade and worse air quality. In response, several Chicago City Council Aldermen are proposing the Urban Forestry Advisory Board (“UFAB”) in order to assess current policies and propose innovative ways to protect Chicago’s tree population.

Chicago City CouncilChicago OIGChicago treesDOFDSSenvironmental regulationtree trimmingUFABUrban Forestry Advisory Board

Cargo Congestion at America’s Container Ports

February 12, 2021Uncategorized

Container ports from coast to coast are inundated with empty cargo containers. The Federal Maritime Commission has commenced an investigation into America’s import and export flows, as many ports are overcrowded with empty containers that have yet to be collected or transported back to their point of origin. Carriers that fail to remove empty containers from the port run the risk of incurring fines or penalties, but there is widespread inconsistency with regard to port authorities and their enforcement practices. In addition, the global pandemic has exacerbated container congestion, as shipping flows reached an all-time high in 2020 and citizens around the world have become increasingly reliant on online retailers to deliver household goods.

Journal of Regulatory ComplianceTransportation

Re-Regulating the Automotive Industry & the Road Ahead

February 11, 2021Uncategorized

A new President and a changing administration mean new priorities across some, if not all of the major executive agencies. One of the more heavily impacted industries will be transportation—specifically the automotive sector. From re-instating stricter emissions standards to moving forward with automated vehicle regulations, the automotive industry in the early 2020s should see innovation and progress at the forefront of the country’s new federal regulatory scheme.

Automated VehiclesAutomotive IndustryAutonomousDepartment of Transport’s National Highway Traffic Safety AdministrationDoTEnergyEPANHTSAPresident BidenRegulationTransportation

President Biden’s COVID-19 Data-Driven Executive Order to Promote Health Equity

February 10, 2021HIPAA & Health Information

President Joe Biden has issued a number of Executive Orders, many of which address the ongoing COVID-19 public health emergency. On January 21, 2021, President Biden released another pillar of his Administration’s long-term plan to direct the United States out of the throes of the pandemic. The twelfth Executive Order titled, “Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence Public Health Threats” orders the Department of Health and Human Services (“HHS”) Secretary Alex Azar to conduct a nationwide review of the interoperability of public health data systems in an effort to enhance the collection, sharing, analysis, and collaboration of de-identified patient data.

CMSCMS regulationCOVID-19data collectiondata privacydata regulationData Reportingdata securityhealth dataHealth InsuranceHHSHospitalHospital ComplianceHospital RegulationsPandemicpatient dataPresident Bidenpublic health emergencyRegulation

Market Regulation Issues Raised by the Gamestop Buying Frenzy

February 9, 2021Finance & Banking, Fraud & Abuse

The regulation of hedge funds has largely been unchecked allowing big Wall Street players to manipulate the market for the benefit and at the detriment of other investors. But forced by an unprecedented movement of retail investors, Wall Street is being forced to reckon with the hypocrisy of their practices.

compliancecompliance programfinancefinancial regulationJournal of Regulatory ComplianceRegulation

CPS’ Covid Priorities: 1) Punish Teachers and 2) Deny Students a FAPE

February 9, 2021Uncategorized

On November 17, 2020, Chicago Public School (“CPS”) announced that in January 2021, CPS would have its first week of in-person learning since March of 2020. Upon the announcement, CPS parents had mixed reactions to the district’s plan to bring some students back, where some expressed excitement about the positive effect of in-person learning on their kids social and mental health, while others like the Grassroots Education Movement voiced concerns that the district had not done enough to make schools COVID-19 safe.

The return to in-person learning has been controversial and filled with conflict between teachers and the Chicago Teachers Union (“CTU”) versus the district. CTU expressed that it does not trust the district to keep the teachers and students safe, and the CTU released a statement that 71 percent of its teachers voted to continue remote learning instruction. Even with these concerns, CPS made the return by teachers mandatory. During its first week in-person, over 150 educators have been AWOL, having not shown up to school. Since then, the teachers’ protest has only become louder. CPS responded by docking the pay and locking teachers out of their remote learning platforms. Intense debate surrounds the topic, but the underlying legal principle remains, CPS cannot deny students a Free Appropriate Public Education (“FAPE”), guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (“IDEA”), while CPS engages in a labor dispute with the CTU.

EducationEmployment

How a Failing Video Game Store Exposed the Fragility of the Market

February 9, 2021Uncategorized

Failing video game company, Gamestop has broken the internet this week, but not for anything that they intended to do. Their stock has been the center of controversy after a group of internet investors banded together to outsmart hedge funds at their own game. By causing a hedge fund to short squeeze their investment in Gamestop offerings, they have brought to light the possible need for regulation in the market.

InvestorsJournal of Regulatory ComplianceSECSecurities & Exchange Commissionstock market

The Lack of Support the Payment Protection Program Has Given to Restaurants

February 8, 2021Uncategorized

We are now in the heart of winter, and many restaurants have not made it since Covid first shut-down Chicago in March 2020. When dining resumed in June, it came back as outdoor only. However the fear was, what would happen once it cooled down and outdoor dining wasn’t feasible? Chicago, like many other cities, has had to be creative and many restaurants have made it work. From dining igloos and greenhouses, to shutting down streets for more patio space, Chicago has been very creative. For the restaurants that have managed to survive, it has not been an easy path. The restaurant industry has been hit especially hard compared to other businesses, and they are not receiving the same protections and support as other industries. The Paycheck Protection Program (“PPP”) was designed to support small businesses, however restaurants have not been protected as they should have been.

Journal of Regulatory ComplianceRegulation