Category:Uncategorized
Separating Boys and Girls in Illinois Schools
Single-sex educational opportunities are many and varied, from all girls or boys’ private schools and colleges to single-sex classes offered in some public schools. Title IX established the framework in which schools can establish these single-sex programs to ensure their fairness and constitutionality. Individuals advocate for these types of programs under the assumption that the programs help students achieve greater academic performance. While there is no conclusive research supporting this theory, the ample anecdotal testimony and success stories from schools with these programs, offer a compelling voice in support of single-sex education. Some of these success stories come from schools in Illinois where single-sex classes have been recently implemented into the curriculum.
Is TikTok as Big of a Deal as Trump Claims?
TikTok continues to rise in popularity, though their history of complaints and lawsuits paints a different picture. On February 27, 2019 the Federal Trade Commission (FTC) settled with TikTok for $5.7 million in response to a child privacy complaint. This settlement was the largest civil penalty obtained for a child privacy complaint, prompting TikTok to take corrective action by hiring compliance focused employees. Consumer groups now argue that TikTok has failed to make such changes and continues to “flout the law”. In response to national security concerns, President Trump signed an executive order on August 6, 2020 effectively banning the application in the U.S.
CARES Act Provider Relief Fund: Compliance and the Impact on Hospital Margins
The effects of COVID-19 create numerous hospital financial management issues. One specific issue is hospitals maintaining financial stability. As the United States adjusts to the pandemic, hospitals have the burden of navigating their purpose, mission, and values while maintaining operations. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is a comprehensive bill that includes provisions that financially assist healthcare providers. Nevertheless, as with all federal assistance, compliance with specific conditions is required. As the pandemic continues, if hospitals accept federal help to stabilize finances, awareness, and increasing training to comply with federal guidelines is crucial.
Rule Changes, Regulatory Waivers Expand Access to Health Care Services During Pandemic
Recent regulatory waivers and rule changes by the Centers for Medicare and Medicaid Services (“CMS”) have resulted in a notable increase in patients seen remotely, according to two recent studies. The studies suggest that CMS regulatory waivers and rule changes, which included expanded access to COVID-19 testing and telehealth services in response to challenges faced by health care providers and patients during the COVID-19 pandemic, have increased remote delivery of mental health care and highly specialized clinical practices like plastic surgery.
The Show Must Go On: Clinical Trials for Other Conditions Continue During COVID-19 Pandemic
In early April of 2020, a high-tech, temperature-controlled cooler traveled halfway across the country on an airplane with a man whose sole job was to get the contents of that cooler –– a promising trial drug to treat a specific form of muscular dystrophy –– from a Baltimore-based research hospital to a family member of mine living in a west Chicago neighborhood. Ordinarily, this family member would make a monthly visit to Baltimore and take the trial drug under the supervision of researchers, but with a pandemic raging on, researchers made do. COVID-19 has undoubtedly changed the way people around the world are going about their lives and everyone is doing their best to be flexible. Clinical drug trials are no different.
CMS Issues New Rigid COVID-19 Requirements for Skilled Nursing Facilities
The Centers for Medicare & Medicaid Services (“CMS”) released new guidance for skilled nursing facilities (“SNFs”) as part of a larger rulemaking agenda for healthcare institutions in the throes of the current public health emergency with COVID-19. CMS has also detailed the fines for non-compliance with the new COVID-19 requirements for SNFs and other healthcare institutions such as hospitals and laboratories.
Will Special Education litigation amid the COVID-19 pandemic actually achieve the result your child needs?
Preparing for the 2020-21 school year has been exceptionally challenging for students, teachers, and administrators than in years past. This year, not only will schools be battling the challenges presented in the return to in-person learning, there is also a growing concern that school districts and educational service agencies will face unparalleled rates of litigation for their inability to meet requirements under the Individuals with Disabilities in Education Act (IDEA) during the months of remote learning. The IDEA guarantees eligible students with disabilities a “free appropriate public education” (FAPE). This Act also provides the right for parents to file a complaint through a due process hearing for when they believe their child is not being provided with a FAPE.
K-12 Schools Returning In-Person During COVID-19
During February 2020, COVID-19 hit the United States and disrupted many lives all throughout the country. Many states shut down most businesses, stores, and restaurants except for all essential services. By March, schools were forced to create unconventional forms of teaching methods for the remainder of the school year such as e-learning and sending students lesson packets for the week. As the school year approaches, many school districts are still determining their instruction mode for the upcoming school year. The Centers for Disease Control and Prevention (CDC) provided guidelines to reopening schools and advised school districts to work closely with local and state health officials to determine the best practices for reopening.
Privacy Lessons Learned from Litigation: The unfair and deceptive practices lawsuit against Zoom
Yet another privacy and data security-related lawsuit has been filed against Zoom Video Communications, Inc. (“Zoom Inc.”). Zoom Inc. has been the subject of several complaints related to its video-conferencing service since its meteoric and spectacular rise in popularity due to the Coronavirus pandemic and related quarantine measures beginning in March 2020. In this particular case, there are compliance lessons to be learned from the unfair and deceptive practices claims alleged against Zoom Inc. in the plaintiff’s D.C. Superior Court filing.
The NEPA: Environmental Impact Statements, Compliance, and an Impending Threat to Environmental Regulation
On March 25, 2020, a judge for the United States District Court in the District of Columbia held that the Army Corp of Engineers (hereinafter the Corp) failed to comply with the standards of the National Environmental Policy Act (hereinafter “the Act”) by failing to prepare an Environmental Impact Statement (EIS) before deciding to approve federal permits for construction of a portion of the Dakota Access Pipeline which ran under the Mississippi River. The ruling came four years after the Standing Rock Sioux Tribe brought the original action in 2016. The Act is meant to ensure the public that agencies have considered the environmental consequences of a potential project before going forward with it, and so requires agencies to consider any and every significant environmental impact that could result from the project through completion of an Environmental Assessment, and, in some cases, an Environmental Impact Statement (EIS).