INSIDE COMPLIANCE – Page 79 – Loyola University Chicago School of Law

California to Corporations: No More Male-Only Boards

November 8, 2018Uncategorized

California Governor Jerry Brown signed a historic bill on September 30 that mandates every publicly held corporation whose principal offices are located in California to have a representative number of women on its board of directors. In a letter announcing Senate Bill 826, Governor Brown admits that there are serious legal concerns to the bill and that its potential flaws could “prove fatal to its ultimate implementation” but that it is time to force action regarding the lack of gender diversity on company boards.

companiesRegulation

On Methane Leaks, Obama to Trump Administration Rules Illustrate Fundamental Priority Shift

November 7, 2018Uncategorized

The Trump administration recently delivered a one-two punch to late Obama administration environmental regulations designed to curb the release of methane gas into the atmosphere while simultaneously encouraging its capture for sale. Two Obama era regulations were modified. The first, from the Department of the Interior, was effectively abrogated, while the other stemming from the Environmental Protection Agency (“EPA)” is expected to retain only a fraction of its original force. Environmental groups have already responded to the repeal of the department of interior regulation with a lawsuit in federal court. Methane gas pollution became a greater concern in recent years as the production and use of natural gas as an energy source continues to increase. Proponents of earlier regulations point to methane’s potent contribution to the greenhouse effect, while critics argued the regulations were unnecessary given the natural gas industry’s own efforts and incentives to reduce leaks and capture as much usable gas as possible.

Administrative Procedure ActBureau of Land ManagementcaliforniaColoradoDepartment of the InteriorEnergyEnvironmental Protection Agencyenvironmental regulationfossil fuelsNew Mexicostate regulationTrump AdministrationWyoming

Opportunity Zone Program: Opportunity for Investors or Opportunity for Communities?

November 7, 2018Uncategorized

With the implementation of the Tax Cuts and Jobs Act that was passed in 2017, there have been several changes to the tax system. The Opportunity Zone program was a small piece of the tax reform that has recently gained more publicity. The Opportunity Zone program provides tax benefits to real-estate investors. The Trump Administration recently released definitions and rules in a package of proposed regulations.

economic developmentinvestmentOpportunity Zonesreal estateRegulationtaxTax Cuts and Jobs ActTrump Administration

Stemming the Tide of Medical Information Data Breaches

November 6, 2018Fraud & Abuse, HIPAA & Health Information

Protected Health Information is seeing a surge of breaches on the cyber security front due to contractor error. It’s also impacting the most consumers in comparison to other data breaches and, in some cases, has the power to cause chaos in national infrastructure. Advances in technology and compliance measures can stem the tide and protect the most valuable information in consumers lives.

breachCMScompliancecompliance programhealthcareHIPAAJournal of Regulatory ComplianceMedicaidmedicareprivacyPrivacy & SecurityRegulation

Corporate Compliance: How Important are Relationships?

November 5, 2018Uncategorized

Regulatory compliance requires investment, but it can also mean opportunity. The level of investment looks different depending on the industry. One consistency covering all industries impacted by regulation is the potential benefit resulting from relationships with compliance officers and regulatory officials. Embracing compliance means embracing the relationships that follow.

The Madness Surrounding Bitcoin, et. al.

November 3, 2018Finance & Banking, The Art of Compliance

Earlier this year, Bitcoin, and cryptocurrencies writ large, occupied many financial headlines as onlookers began to divert their attention to the “unexplained” rise, and subsequent fall in the price of one the more popular (and maiden) cryptocurrencies: Bitcoin. Naturally, because many of the onlookers didn’t realize what Bitcoin was (or is), the media took lead on the story. Earlier this month, Bitcoin began to make its appearance in headlines, once again.

cryptoCryptocurrencyRegulation

Climate Change: A Compliance Crisis

November 2, 2018Uncategorized

In October 2018, the Intergovernmental Panel on Climate Change of the United Nations issued a special report on the impact of global warming. The report shared extensive research about our changing atmosphere and issued a grave warning: we must act immediately. The harrowing news came just over one year after President Trump ordered the United States’ withdrawal from the Paris Climate Agreement in June 2017. This begs the question: how will changes be made when the world’s most powerful and impactful hegemon refuses to cooperate?

Climate ChangeemissionsEnergyenvironmental regulationICJInternational AffairsIPCCJournal of Regulatory Complianceparis agreementRegulationUNUNEPUnited Nations

Compliance in Healthcare: Understanding Zone Program Integrity Contractor Investigations and Audits

October 31, 2018Fraud & Abuse

The Centers for Medicare and Medicaid Services (CMS) have a multitude of resources to detect and protect against fraud and abuse in claims. Particularly, CMS has at least six types of contractors that provide different roles in the prevention, detection, and reporting of fraud and abuse in healthcare. This list includes Recovery Auditors, which serve to reduce fraud and abuse by detecting and collecting overpayments from entities and Comprehensive Error Rate Testing (CERT) Contractors, which determine rates of improper payments by reviewing claims under Medicare Fee-For-Service (FFS). Another auditor that providers should be particularly mindful of are the Zone Program Integrity Contractors (ZPICs). This article is an overview ZPICS, its role in Medicare, and outlines the steps providers should take when faced with an audit by ZPICs.

AuditingCenters for Medicare and Medicaid ServicesHealthcare ProfessionalsHealthcare ProvidersHealthcare Regulations

Fifth Circuit Faced with Post-Marks Litigation: Do We Know What an “Automated Telephone Dialing System” is Anymore?

October 30, 2018Uncategorized

Will new litigation affect Beto O’Rourke’s campaign? With election polls opening up for early voting last week, a one week left of campaigning and the new Telephone Consumer Protection Act (the “TCPA”) litigation to defend, it is unlikely that Beto O’Rourke will be slowing down any time soon. O’Rourke has made it his mission to reach all voters, not just those residing in the three major cities: Austin, Houston and Dallas. New litigation filed October 19, 2018, raises the question whether “Beto for Texas” reached those voters in violation of the TCPA and the recent Marks v. Crunch decision. The litigation will address whether the 5th Circuit will implement Marks expansive definition of an “automated telephone dialing system.”

Beto for TexasBeto O'RourkeFCCMarks v. CrunchRegulationTCPA

SCOTUS Overturns Stay, “Dark Money” Donors Will Be Partially Disclosed

October 29, 2018Finance & Banking

On September 18, 2018, the United States Supreme Court overturned a stay blocking a District Court ruling requiring non-profits to disclose identity of all contributors who give more than $200 a year. Prior to the ruling, IRS designated 501(c)(4) social welfare organizations and 501(c)(6) organizations such as business leagues and boards of trade, who do not register as political committees with the Federal Election Commission (FEC), were required to disclose donors only when they contributed for specific political advertisements. While the ruling requires the FEC to give guidance, newly issued FEC rules limit the scope of the court’s intention. It is likely that the new ruling will allow some donors to remain undisclosed while requiring partial disclosure of donors who contribute towards certain, but not all, expenditures.

electionFECfinanceJournal of Regulatory CompliancepoliticsRegulation