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Journal of Regulatory Compliance Fifth Annual Symposium

The Loyola Journal of Regulatory Compliance hosted its fifth annual symposium on Friday, March 12th. The symposium, “Labor & Employment Compliance Issues in the Era of Covid-19,” brought together practitioners to reflect on a variety of concerns facing employment professionals as advisor, employer, and client in the pandemic and post-pandemic workplace.

Illinois House Bill 3498: Telehealth Expansion and Payment Equality

The Coalition to Protect Telehealth and State Representative Deb Conroy of the Illinois 46th House District have introduced legislation that would permanently expand access to telehealth services for Illinoisans.  The legislation also details provisions that promote telehealth payment rate partity between telehealth services and in-person care.  In a direct response to the COVID-19 pandemic, telehealth providers have been granted temporary waivers to align their payment rates with those prescribed for traditional care in health care facilities.  These waivers have served as stabilizing financial mechanisms for many practitioners experiencing revenue loss due to the restrictions on elective procedures and non-emergency care.  The proposed legislation would give patients more freedom to utilize telehealth services by removing the patient responsibilities to demonstrate hardship or access issues.

Environmental Groups Fight for Stronger Regulation of Ground-level Ozone Pollution

Daniel Bourgault Journal of Regulatory Compliance Applicant Loyola University of Chicago School of Law, JD 2022 On  February 11, 2021, a host of environmental groups filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit challenging a final action of the Environmental Protection Agency (“EPA”) in regard to the review …
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A New Way to Tax Wealth

With Democratic control over the House, Senate, and Presidency for the first time since 2011, President Biden has been ambitious in his efforts to reinvigorate the economy, signing into law a $1.9 trillion economic aid package with plans to increase access to affordable housing and a $3 trillion investment in infrastructure. To finance their legislative agenda, Democrats have several initiatives which would mostly raise taxes for the wealthiest Americans such as Elizabeth Warren’s proposed wealth tax or increasing the maximum income tax rate back to 39.6%, as it was while President Bush was in office.

New CDC Guidelines for K-12 Schools May Send More Students Back to Classrooms

Recently, the Centers for Disease Control and Prevention (“CDC”) released revised guidelines regarding physical distancing in K-12 schools. Originally, the CDC recommended that students should stay six feet away from each other in a classroom with mask but now recommends at least three feet between students in classrooms. These new guidelines will encourage more schools to return to the classroom around the nation.

The “Equality Act” is Still Trying to Garner Equal Support From Both Parties

Last week, the Senate Committee on the Judiciary held its first round of hearings regarding passage of HR 5, known as the “Equality Act.” The Equality Act aims to codify protections against discrimination based on sexual orientation and gender identity. President Biden has continually reiterated his support, urging “Congress to swiftly pass this historic legislation.” While the bill has been introduced multiple times before, its potential impact has changed with the U.S. Supreme Court’s rulings in cases like Bostock v. Clayton Co, which held that terminating a man’s employment because he had a same-sex partner qualified as sex discrimination under Title XII of the 1964 Civil Rights Act. Rather than rely on the term ‘sex’ as an umbrella encompassing sexual orientation and gender identity, the Equality Act would actually amend the 1964 Civil Rights Act to explicitly prevent discrimination based on sexual orientation and gender identity, in addition to race, color, religion, sex and national origin. For all of these groups, the Equality Act would also go beyond the 1964 Civil Rights Act’s protections in the areas of employment and housing to have a broader reach, by including federally funded programs and “public accommodations,” which can include retail businesses.

The Revised Lead and Copper Rule – Will it make an impact?

In 1991, the U.S. Environmental Protection Agency (EPA) published a regulation under the Safe Drinking Water Act to control lead and copper in drinking water, referred to as the Lead and Copper Rule (LCR). The Rule was created to protect public health by minimizing lead and copper levels in drinking water, primarily by reducing water corrosivity through corrosion control treatment. While implementation of the LCR has resulted in major improvements in public health, there is still much that needs to be done as research continues to show cities today see higher than normal levels of lead in their drinking water.

Can Nursing Homes be Sued for COVID-19 Deaths?

Nursing homes have been devastatingly impacted by the COVID-19 pandemic. As of February 26, 2021, as many as 34% (172,000+) of all COVID-19 deaths in the United States have been nursing home residents and employees. While COVID-19’s lethality in older adults and likelihood of transmission in congregate facilities are to blame, plaintiffs’ attorneys specifically question sweeping legislation among various states regarding nursing home restrictions on refusing COVID-19 positive residents and immunity protections. A look at the Public Readiness and Emergency Preparedness (“PREP”) Act and recent federal cases sheds light on the future of plaintiff suits related to COVID-19 deaths in nursing homes.

Flaring and the Flagrancy of its Environmental Devastation

William Baker Associate Editor Loyola University Chicago School of Law, JD 2022   The oil and gas industry recently announced plans to end gas flaring by 2030. Flaring involves the controlled release of excess gas from natural gas wells. While this practice is commonplace in the oil and gas industry, it nevertheless harms the environment …
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