INSIDE COMPLIANCE – Page 96 – Loyola University Chicago School of Law

Guest Post: A Post-Regulatory Recipe for Economic Leadership

September 19, 2017The Marketplace

by William Devine, Guest Contributor

Apple has developed and distributed a curriculum that will teach students at 30 community colleges around the country to write code and create apps. What prompts this gift? A belief that we all bear responsibility for sustaining a functional economy. At a time when some corporate leaders and their legal teams focus on the perils of overregulation, the greatest regulatory risk an enterprise confronts may not be high compliance hurdles, but rather the possibility that regulators can’t keep the economy functioning well enough for the enterprise to do its most commercially inventive and societally valued work.

AppleGuest PostSWIFTtech educationtechnologytim cookwilliam devine

Putting the Brakes on New Jersey Transit

September 12, 2017Uncategorized

New Jersey Transit, one of our nation’s busiest commuter railroads, is no stranger to service and safety issues. Once a model agency to others, it is now the U.S. leader for breakdowns, accidents, and fines. Last year the agency logged the most accidents of the nation’s 10 biggest commuter railways, including the deadly Hoboken train crash. This past March, Todd C. Barretta took the reins of New Jersey Transit’s Chief Compliance Officer—a position that had been vacant since the agency created a safety office in 2014. He lasted a mere six months before being demoted, suspended, and ultimately fired. The New Jersey Transit system is a dysfunctional runaway train that needs an overhaul of its operating system to ensure safety for passengers and employees.

compliance officerFederal Railroad AdministrationFRAHobokenNew Jerseypolitical appointmentssafety regulationTodd BarrettatransitTransportation

My Summer with the Office of Inspector General for the U.S. Department of Health and Human Services

September 11, 2017Fraud & Abuse

This summer I had the opportunity to intern with the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) in Washington, DC. I thoroughly enjoyed my time with OIG, and I learned a great deal about health care fraud, waste, and abuse. In spending my summer with OIG, I had a glimpse into the powerful regulatory bodies that protect the health care market from abuse. As I move forward with my career in regulatory work, I will take with me the invaluable experiences and skills from my internship.

21st Century Cures ActAnti-Kickback StatuteCenters for Medicare and Medicaid ServicesCivil Monetary Penalties LawCMPCMScorporate integrity agreementDepartment of JusticeDOJEmergency Medical Treatment and Active Labor ActEMTALAfalse claims actFederal health care program exclusionFederal health care programsfraud and abuseHealth and Human Serviceshealth care compliancehealth care fraud and abuseHHSintegrity agreementMACRAMedicaidmedicareMedicare Access and CHIP Reauthorization ActMedicare exclusionOffice of Inspector GeneralOffice of Inspector General for the U.S. Department of Health and Human ServicesOIGOIG HHSSocial Security ActU.S. Department of Health and Human Services

Privacy in Insecurity

September 8, 2017HIPAA & Health Information

Though the rain has stopped falling, Houston is still dealing with the aftermath of Hurricane Harvey, one of the largest and most destructive rainfall events on record. Healthcare providers in particular find themselves struggling to keep up with the various health problems caused by the flooding itself, on top of getting life-sustaining care to individuals with chronic or preexisting conditions. Crises like Harvey create serious problems for the delivery of care, but also for regulating it—circumstances are so uniquely devastating that standards can feel like barriers to necessary medical attention. And when family and friends are desperate to know if their loved one is out of danger, even the right of privacy seems negligible.

However, natural disasters and emergency events shouldn’t be used as an excuse to regulate away protections individuals depend on, such as the privacy and confidentiality of their personal information. Regulators must be careful when determining how to respond in a crisis—overreaching for the sake of bringing relief or under-regulating for flexibility can leave the public high and dry when the floodwaters recede.

HIPAAHIPAA waiverhurricane harveynatural disasterpublic health emergencysection 1135

It’s Time for States to Get REAL

September 7, 2017Uncategorized

After years of waiting, the final implementation extension deadlines for compliance with the REAL ID Act of 2005 are near. The most recent extensions for certain states pushed the final compliance deadline to October 10, 2017. Assuming the Federal Government does not grant further extensions, by this date all 50 states must be compliant with the Act.

CommercialcomplianceDeadlineGetREALREALIDTransportationTravel

The 1500 Hours Rule Grounds the US Airline Industry

September 5, 2017Uncategorized

The 1500 Hours Rule requires first officers to have at least 1500 hours of total flight time for licensure to fly commercial aircraft. The 2010 regulation boosted the flight time requirement for first officers from 250 to 1500 hours. Due to the heightened experience requirements, regional airlines have grounded flights and reduced their services, as they have not had sufficient qualified pilots to sustain the flights.

aviationcommercial aircraftFAApilotsTransportation

Call for Papers: Center for Compliance Studies 2018 Symposium “What is the Role of a Regulation if it is Not Enforced?”

September 4, 2017Uncategorized

The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?” The Symposium will take place at Loyola University Chicago School of Law …
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Call for PapersConferencesRegulationSymposium

Kicking Off a New Academic Year at the Center for Compliance Studies

August 31, 2017The Art of Compliance

The academic year for 2017-2018 has begun at the Center for Compliance Studies. We have a lot on tap—a new look for the blog, an exciting symposium in February 2018, Issue 2 of the Journal soon to be published, and a number of new scholarly endeavors.

Beazley Center for Health LawCenter for Compliance StudiescomplianceJournal of Regulatory ComplianceLoyola University ChicagoLoyola University School of Law

Securing All The Things: Cybersecurity, D-Link, and the Expansion of IoT

July 12, 2017Uncategorized

The internet of things (IoT) holds promise for new ways to interact with and leverage technology; however, ever-expanding connectivity brings increased vulnerability. Addressing security and privacy issues is necessary for the continued growth of the IoT—and, as the U.S. Federal Trade Commission’s case against D-Link Corporation demonstrates, one of vital interest to regulatory lawmaking bodies as well.

d-linkDLinkFTCinternet of thingsprivacyPrivacy & Securityransomware

The Need for a Modified Upjohn: Internal Investigations and When to Warn

June 21, 2017The Art of Compliance

Compliance programs rely heavily on internal investigations. Yet unlike their counterparts in the in-house counsel’s office, compliance professionals rarely give notice when they are conducting such investigations. Whether compliance professionals have duty to notify individual directors, officers and employees of an internal investigation remains unclear. This lack of clarity leads to confusion with employees and officers regarding the limits of confidentiality, and the compliance officer’s duty of loyalty. A robust ethics and compliance program should therefore take a proactive stance and integrate Upjohn warnings—a standard of corporate counsel, but modified to fit the compliance function—into the internal investigation process.

compliance programinternal investigationsnoticeupjohn