INSIDE COMPLIANCE – Page 74 – Loyola University Chicago School of Law

Training Staff to Protect Patient Privacy in the Era of Electronic Health Records

November 26, 2019Uncategorized

The rapid evolution of electronic health records has dramatically changed the healthcare system in the past two decades. Healthcare organizations, both large and small, have transitioned from paper records to hybrid records, and then finally, for many organizations, to completely electronic data. In 2009, the American Reinvestment & Recovery Act (ARRA) created the federal “Meaningful Use” program. This program essentially amounted to a significant government subsidy for practices transitioning to electronic health records and provided funding for organizations to purchase electronic health records subscriptions from health information technology companies in exchange for complete adoption, implementation, and the regular development of quality reporting measures using the new software.

The American Bar Association and its Influence on the Legal Profession, and Beyond

November 22, 2019Uncategorized

If you are a law student, lawyer, or have any association with lawyers, you have likely heard of the American Bar Association (ABA). The ABA has a great deal of influence in the legal profession, politics, the corporate world, and beyond. Recently, the ABA made headlines after a judicial nominee cried to the Senate during his Senate Committee hearing. This was, in part, due to the ABA’s influence. An ABA evaluator sent a scathing letter to the committee, putting into question the nominee’s character. This letter came under attack by Republicans for its alleged biased and untruthful nature. Despite the dividing nature of the letter, the ABA’s impact is undeniable.

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Safeguarding Your Face: Regulating Facial Recognition Technologies

November 21, 2019Uncategorized

The use of facial recognition technology in the commercial context generates numerous consumer privacy concerns. As technology becomes increasingly present in many aspects of our life, regulations on states and federal level are struggling to catch up. Currently, only three states (Illinois, Washington, and Texas) implemented biometric privacy laws, and only Illinois grants individuals with a private right of action.

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NCAA’s Name, Image, and Likeness Rule Proposal is Changing the Collegiate Sports Model

November 20, 2019Athletic Regulation

On October 25, 2019, the National Collegiate Athletic Association (“NCAA”) unanimously voted to begin changing the rule to allow colleges athletes to profit off their name, image, and likeness. This progressive move is a big deal for the organization, which has previously kept an extremely firm line between amateurism and professionalism for their athletes. Despite opposition by some to change the current model, public opinion is strongly in favor of these types of changes.

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Supreme Court to Review SEC Authority in Enforcement Actionsment

November 15, 2019Uncategorized

The Supreme Court has granted certiorari to consider whether the Securities and Exchange Commission (“SEC”) has the authority to obtain disgorgement in district court actions. Disgorgement is the repayment of “ill-gotten gains” imposed as a court sanction to recover funds that were received through illegal or unethical business transactions. These recovered or disgorged funds are paid back with interest to those who the practice affected. Each year, the SEC obtains billions of dollars in disgorgement, so an adverse ruling by the Supreme Court could eliminate one of the SEC’s most important remedies for securities violations. In 2018, for example, the agency returned $794 million to harmed investors.

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HIPAA And The Growth Of Technology

November 14, 2019HIPAA & Health Information

Earlier in 2019, a lawsuit was filed against University of Chicago Medicine, University of Chicago Medical Center, and Google. The suit claims that patient information was shared with google as part of a study aimed to advance the use of Artificial Intelligence, however, patient authorization was not obtained and the data used was not properly de-identified. In 2017, University of Chicago (UChicago) Medicine started sending patient data to Google as part of a project to look to see if historical health record data could be used to predict future medical events.

HIPAAInformation TechnologyJournal of Regulatory Compliancepatient datapatient informationPrivacy & SecurityRegulation

Complying with the Every Student Succeeds Act’s Reporting Requirements

November 13, 2019Uncategorized

The annual Illinois School Report Cards under the Every Student Succeeds Act (ESSA) were released on October 30. The report cards are now focused on student growth under ESSA which was signed into law four years ago. This will be the second Report Card released in Illinois under the new reporting guidelines under ESSA that requires states to evaluate schools on a variety of indicators of success, rather than just by student achievement. These report cards will rank schools from “Exemplary” to “Lowest-Performing” and report school spending this year as well as student performance data.

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As CBD Sales Grow, FTC Cautions Against Misrepresentations

November 12, 2019Drugs & Devices, The Marketplace

On September 10, 2019 the Federal Trade Commission (FTC) sent warning letters to three companies that sell oils, tinctures, capsules, “gummies,” and creams containing cannabidiol (CBD) regarding the companies’ false advertising practices. Cannabis is a plant of the Cannabaceae family and contains more than eighty biologically active chemical compounds. The most commonly known compounds are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). CBD does not cause intoxication like THC.

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CMS Launched Pilot Project to Offer Individual Market Wellness Programs

November 11, 2019Uncategorized

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.

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Recent Movements in Biometric Data Privacy

November 11, 2019The Art of Compliance

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.

BiometricsBIPAdata privacyEmploymentIllinoisJournal of Regulatory CompliancePrivacy & SecurityRegulation