INSIDE COMPLIANCE – Page 65 – Loyola University Chicago School of Law

The Empire State’s New Data Privacy Law

May 1, 2020Uncategorized

Data privacy and more specifically, user privacy, has become the focus for many in the past year. Some may say that the European Union began this “trend” with the implementation of the General Data Protection Regulation (GDPR) with California soon following in their footsteps with the California Consumer Privacy Act (CCPA). However, seemingly more silently in New York, The Stop Hacks and Improve Electronic Data Security, or SHIELD Act has also been created in the interest of the protection of personal information. The SHIELD Act was enacted on July 25, 2019 as an amendment to the General Business Law and the State Technology Law to include breach notification requirements and stronger rules in place to enforce against businesses handling personal information. The SHIELD Act recently went into effect on March 21, 2020.

CCPAdata privacyGDPRnew yorkPrivacy & SecurityRegulationregulationsSHIELD Act

Prescribing Online with COVID-19

April 30, 2020Drugs & Devices, The Art of Compliance

COVID-19 has rapidly changed the healthcare field unlike anything has before. With the continued spread, healthcare providers have started to adopt telehealth as a way to access patients and continue to provide quality care, without breaking their self-isolation. One avenue that has long been closed off for physicians has been online prescribing, but COVID-19 appears to be changing even that.

CongressCOVID-19DEAJournal of Regulatory Compliancetelehealththe Ryan Haight Act

Action Against Individuals Regarding Fraudulent Genetic Testing

April 14, 2020Compliance Spotlight, Fraud & Abuse

Michael Manganelli Associate Editor Loyola University Chicago School of Law, JD 2021 In October 2019, The Department of Justice (“DOJ”) announced a multi-agency and multi-state coordinated law enforcement action against 35 individuals involved in an alleged $2.1 billion genetic cancer testing scheme. The alleged scheme involved the payment of illegal kickbacks and bribes to medical professionals …
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Centers for Medicare and Medicaid ServicesDepartment of JusticeGeneticsHealth and Human ServicesJournal of Regulatory ComplianceRegulation

The DOJ Launches a National Nursing Home Initiative

April 10, 2020Fraud & Abuse

On March 3, 2020, the Department of Justice (“DOJ”) launched a National Nursing Home Initiative to “coordinate and enhance civil and criminal efforts to pursue nursing homes and long-term care facilities that provide grossly substandard care to their residents.” The DOJ’s new initiative adds to its extensive efforts to combat elder abuse and financial fraud targeted at American seniors. The initiative will start with a focus on some of the worst nursing homes and enhance all civil and criminal efforts to pursue the nursing homes that provide grossly substandard care to their residents.

civil monetary penaltiesDOJNursing HomesOIG

The Families First Coronavirus Response Act Includes Unemployment and Paid Leave Provisions

April 9, 2020Uncategorized

The Illinois Department of Public Health, local health departments, public health partners throughout Illinois, and federal agencies, including the Centers for Disease Control and Prevention (“CDC”), are responding to an outbreak of respiratory illness caused by a novel coronavirus called COVID-19 that was first identified in December 2019 during an outbreak in Wuhan, China. COVID-19 has spread throughout the world, including the United States, since it was detected and was declared a public health emergency for the U.S. on January 31, 2020 to aid the nation’s healthcare community in responding to the threat. The World Health Organization (WHO) announced March 11, 2020 that the spread of coronavirus qualified as a global pandemic.

#Coronavirus#COVID19#familiesfirst#paidsickleave#unemploymentEmployment

California SB 826: Creating Gender Diversity in California Corporate Governance

April 8, 2020The Marketplace

California signed SB 826 (“Act”) into law on September 20, 2018, requiring all publicly-traded California companies to have at least one female on their board of directors by the end of 2019. The law was enacted to create more diversity in corporate governance and expedite the slow movement toward gender parity in the boardroom. Now that each company should have at least one female member on their board of directors, the California Secretary of State (“SOS”) has released a document showing which companies complied and which companies will be facing fines.

Board of DirectorscaliforniaCorporate GovernanceDiversitySB 826

Revamping America’s Organ Transplant System

March 24, 2020Uncategorized

In December of 2019, two new rules were proposed by the federal government to increase the number of organ transplants in the United States. As of July 2019, 113,000 Americans sat on the national transplant waiting list. The first proposed rule would change the way Organ Procurement Organizations (“OPO”) report data on the number of organs procured. The second proposed rule creates new legislation to assist living donors after their transplant procedures. Both rules were proposed by the Health and Human Services Department (“HHS”) as a follow up to President Trump’s Executive Order on Advancing American Kidney Health.

Data ReportingHealthcare RegulationsJournal of Regulatory ComplianceLiving DonorsOPOOrgan Transplant

Promoting Interoperability Among the Electronic Health Record Systems

March 23, 2020Uncategorized

Last year, the Department of Health and Human Services (“HHS”) proposed new rules to improve the interoperability of electronic health information (“EHI”) to fulfill its statutory requirement under the 21st Century Cures Act. These proposed rules were issued by the Center for Medicare and Medicaid Services (“CMS”) and the Office of the National Coordinator for Health Information Technology (“ONC”) to address both technical and healthcare industry factors that create barriers to the interoperability of health information and limit a patient’s ability to access EHI. Epic, one of the largest programs for maintaining electronic health records (“EHR”), is attempting to halt the finalization of the interoperability rules before they take effect as they believe it posts privacy concerns. On March 9, 2020, HHS announced the joint final rules from CMS and ONC to spur innovation and to end information blocking.

EHRePHIInteroperabilityRegulation

NCAA and Student Athlete Mental Health: How to Make Help Accessible

March 20, 2020Athletic Regulation, Compliance Spotlight

In a previous article, I discussed the mental health crisis facing student athletes across the country. I called on the NCAA, individual universities, and all coaches to increase efforts to improve the overall health and wellness of their athletes. The stigma is slowly being tackled, making it more commonplace for athletes to speak out when they need help. But how can athletic departments make these services readily available and accessible for student athletes? The NCAA recommends a well-trained psychologist to be a part of athletic departments’ staff. There are, however, other models being utilized.

college athleticsNCAAstudent athletes

Student Loans and Conforming Mortgage Guidelines

March 20, 2020Uncategorized

In the United States, a mortgage is considered “conforming” if it meets the guidelines of Freddie Mac (the Federal Home Loan Mortgage Corporation) and Fannie Mae (the Federal National Mortgage Association). Both Freddie Mac and Fannie Mae buy mortgages, pools them, and then sells them back to the open market for investors. In 2008, the federal government put both organizations into a conservatorship due to the financial meltdown and subsequent economic recession. As such, the government now has stringent guidelines that homebuyers must meet if they want to qualify for a Freddie Mac or Fannie Mae mortgage.