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CMS Launched Pilot Project to Offer Individual Market Wellness Programs

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.

Telehealth Services Amid a Global Pandemic

With COVID-19 rapidly spreading, telehealth services have been seeing an explosion of demand. On March 17, 2020, President Trump announced during a White House press briefing an unprecedented expansion of telehealth services for the 62 million Medicare beneficiaries who are amongst the most vulnerable to the disease. The Department of Health and Human Services (“HHS”) and Centers for Medicare and Medicaid Services (“CMS”) have since vowed to work with the administration by temporarily relaxing certain HIPAA, altering licensure, cost-sharing, and auditing requirements. As the number of patients increases, compliance and privacy risks associated with telehealth also surge.

Unsafe Landing Practices at Detroit Metro Airport

A whistleblower recently called attention to unsafe landing practices at the Detroit Metro Airport. The whistleblower, a veteran air traffic controller, has helped uncover dangerous flaws in the airport’s instrument landing system (ILS). This system emits radio waves that help guide approaching aircraft to the center of the runway. Air traffic control recordings attest to the danger, as many pilots have voiced complaints about the flawed system upon landing. Nevertheless, the Federal Aviation Administration (FAA) has failed to take immediate corrective actions. The U.S. Special Counsel recently notified the President about this lapse in safety, but it remains to be determined whether officials at the Detroit Metro Airport have repaired or replaced the faulty system.

How Will Stronger Internet Privacy and Election Laws Impact Facebook?

During his election campaign, President Trump hired Cambridge Analytica, a political data firm, to gain access to the private data of more than 50 million Facebook users. The data included users’ personal identities, friend networks, and “likes.” The election campaign and Cambridge Analytica team used users’ data to target political and digital ads, increase online fundraising, and reach out to and sway undecided voters.

In 2019, following intense public criticism and accusations of political bias and censorship, Facebook CEO, Mark Zuckerberg, began advocating for the regulation of four areas: harmful content, election integrity, privacy, and data portability. However, no legislation has been passed, no regulation has been implemented, and Zuckerberg has not offered support for any proposals. A blank promise with no action. Congress needs to work with countries around the globe in order to regulate Facebook as a public utility and ensure that hate speech and incitements of violence are not tolerated. 

DEA Introduces New Rule on Hemp Derivatives, Extracts, and Cannabinoids

The Drug Enforcement Administration (DEA) recently published an interim rule on hemp and hemp derivatives to reflect the statutory amendments to the Controlled Substances Act (CSA) made by the Agriculture Improvement Act (2018 Farm Bill). This new rule modifies the DEA’s existing regulations in an attempt to conform with the 2018 Farm Bill’s purposeof legalizing and regulating the hemp industry.

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.