INSIDE COMPLIANCE – Page 11 – Loyola University Chicago School of Law

Fragrance Regulations Prioritize Wealth Over Health

September 28, 2023Uncategorized

Whether it is recognized or not, humans are exposed to a variety of products containing fragrances every single day. However, for something that is so common in the average human’s life, these chemicals are not as highly regulated as consumers would expect. While the Food and Drug Administration has requirements in place that fragrance formulas must meet in order to be incorporated in products, these formulas can also be considered “trade secrets.” This means that the formulas do not have to be disclosed to the public after FDA review. As a result, consumers should become more educated about potentially hazardous fragrance chemicals. These chemicals may lead to negative health consequences because they have gone unnoticed by the public.

cosmeticsFDAfragrance

New Mental Health Parity Rules on the Horizon

September 27, 2023Healthcare Compliance

On July 25, 2023, the Departments of Labor, Health and Human Services, and the Treasury (the agencies) proposed new rules placing heightened compliance standards on health insurers and plans regarding the use of Non-Quantitative Treatment Limitations (NQTLs) for mental health and substance abuse disorder (MHSUD) services. These new rules amend the current reporting requirements with the intent to establish ongoing reporting that more clearly demonstrates whether MHSUD services are provided in compliance with the law.

Health InsurancehealthcareMental Health Parity

From Chatbots to Diagnosis: The Power and Pitfalls of AI in Healthcare

September 25, 2023Healthcare Compliance, HIPAA & Health Information

The capabilities of generative artificial intelligence (AI) could completely transform our healthcare system as we know it. For better or for worse, the technology advancements in healthcare are rapidly growing. Given the accelerated rollout, experts have yet to predict all the risks associated with such high-functioning computations in the healthcare system. Even though the Food and Drug Administration (FDA) regulates software being used as medical devices (SaMD), there is an overall lack of urgency, agency oversight, and sufficient regulations to tame AI technology in the healthcare system.

FDAgenerative AIhealthcare

Whatever happens in Vegas, will not stay in Vegas – Casino Cyberattacks

September 25, 2023Uncategorized

On September 11th, 2023, a cyberattack flooded the front pages of publications around the world- MGM Resorts and Caesars Entertainment were the victims of a costly incident. Patrons looking to enter their hotel rooms, go for another spin on the slot machines, or use casino rewards, were appalled at the persistent error messages that kept disrupting them from doing so. The breach had lasted over a week without a concise and strong end to the damage, leaving travelers vulnerable. It is customary that companies seek to find the culprit of the breach, deplete its ability to do more damage, and inform patrons of their safety being returned, and this proactiveness was missing.

compliancecyber-securityData Breachesdata security regulationintellectual propertyransomware attacks

Protecting Classified Information: Scrutiny, Legislation, and Potential Ripple Effects

September 24, 2023National Security

In recent months, the protection of classified material has been a prominent topic in the media. Following a DOJ probe into the matter, on June 8th, 2023, Trump was indicted by the Florida Grand Jury for the alleged mishandling of classified documents. These serious accusations have prompted questions regarding existing policies and legislation aimed at protecting our country against security threats, as well as questions regarding how well the existing policies and laws are protecting our nation’s most sensitive secrets. This blog examines the current legislation that governs the classification, handling, storage, and protection of classified information, and how the current system lacks sufficient rigor to prevent persons with ill intent from exploiting the weaknesses in the system. Finally, there will be a review of the current, proposed legislation that is intended to tighten up the classification system and prevent a repeat of serious security threats that have recently come to light.

A Fresh Perspective: How FSMA Compliance is Revolutionizing Large Food Distribution Corporations

September 24, 2023Compliance Spotlight, Food and Drug Law

As the world becomes increasingly concerned with food safety, large food distribution corporations find themselves grappling with a novel challenge: the Food Safety Modernization Act (FSMA). Mandated by the FDA, the FSMA aims to prevent foodborne illnesses through stringent regulations, thus compelling food corporations to adapt or face penalties. This writing will delve deeper into how the FSMA will reshape the food distribution landscape by influencing operational strategies, implementing accountability measures, and fostering an environment ripe for innovation.

compliancecompliance effectivenessenvironmental regulationsfood regulations

Florida’s War on “Woke” – First Amendment Concerns and the Stop “W.O.K.E” Act

September 24, 2023Uncategorized

Florida recently passed the “Stop W.O.K.E” Act (Senate Bill 147 / House Bill 7) (The “Act”), effectively banning public colleges in the state from using funds on diversity, equity, and inclusion (DEI) programs. Florida’s governor and current Presidential candidate, Ron Desantis, defines W.O.K.E as “Wrongs to Our Kids and Employees”. The passing of this legislation follows another highly controversial piece of legislation passed earlier this year, Florida’s “Don’t Say Gay” bill, that largely bars Florida educators from discussing LGBTQIA+ topics with students. Governor Desantis has led an aggressive campaign against academic freedom to combat a perceived “woke indoctrination in [U.S] schools, that is a road to ruin for this country”. The implementation of this legislation brings up valid concerns regarding the First Amendment rights of the State’s educators and population at large.

Journal of Regulatory Compliance

Regulating the Worst Kind of AI-Generated Content

September 23, 2023Uncategorized

On September 05, 2023, a bipartisan coalition of all fifty state attorneys general along with four attorneys general from U.S. territories came together to sign a letter to Congress. The letter urged Congress to establish an expert commission to specifically study how artificial intelligence (AI) contributes to the exploitation of children. The attorneys general further stressed the urgency of expanding existing laws on Child Sexual Abuse Material (CSAM) restrictions to include AI-generated content.

abuseartificial intelligenceChapGPTchildrenenforcementfederal regulationharassmentsexual assault

The Attack on Gender Affirming Care: How Should Providers in Sanctuary States React?

September 23, 2023Healthcare Compliance

The political debate surrounding Gender Affirming Care (GAC) is gaining momentum nationwide as 22 states have already enacted laws that restrict medical professionals from offering hormonal and/or surgical treatments to transgender minors. Despite endorsement and approval of this treatment by various medical organizations, such as the AMA, efforts to limit access for minors continues to press forward. Aside from the ongoing battle between politicians and medical providers, the constitutional implications of such legislation remain uncertain.

complianceGender Affirming CareLegislation

The Supreme Court Striked Affirmative Action: Now What?

September 23, 2023Uncategorized

Following the Supreme Court’s decision striking down affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, higher education institutions face challenging decisions in their admissions process. Although this may be a frightening time for many, California and Michigan have eliminated affirmative action years prior. These states may provide some insight as to how universities may maintain diversity. We may not see the implications of this decision until years to come. However, universities have the opportunity to collectively work together in order to maintain diverse student bodies and better represent the diverse individuals who help compose the United States of America.

College AdmissionsDepartment of EducationEducationstudents