The Cash Crop King: How U.S. Federalism Makes It Difficult to Insure the World’s Most Lucrative Crop

Posted on March 25, 2021Categories Finance & Banking

On June 25, 2019, Governor Pritzker signed the Illinois Cannabis Regulation and Tax Act, legalizing cannabis for adult use in Illinois. Cannabis is the most lucrative crop globally and the cash-making abilities of cannabis have been proven true in Illinois. Sales in the state exceeded $1 billion in the first full year of legalization, resulting in a $205.4 million tax windfall for Illinois. This success, however, is no small feat for cannabis companies considering the banking and insurance obstacles they must overcome to start this type of business. Federalism is at the heart of many of these hurdles. 
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The “Particularity” With Which Relators Need to Plead Under The False Claims Act

Posted on March 25, 2021Categories Fraud & Abuse

The False Claims Act (“FCA”) is one of the United States Government’s most powerful tools for fighting fraud. In fact, the Department of Justice recovered nearly $1.8 billion under the FCA for health care fraud and $1.6 billion in FCA qui tam relator cases in the 2020 fiscal year. Keeping the enforcement of fraud in mind, underlying all FCA qui tam suits is successfully pleading with particularity under Federal Rule of Civil Procedure 9(b). This requirement has led many U.S. District Courts to dismiss qui tam cases at the pleading stage and U.S. Courts of Appeals to affirm those decisions. The upshot is that amid changes to the Stark Law and Anti-Kickback law, the continuation of COVID-19 related fraud, and the continuing splits in the Federal Circuit regarding pleading standards, the ground may begin to shift for compliance officers, attorneys, and general counsels in health care organizations.
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Illinois House Bill 3498: Telehealth Expansion and Payment Equality

Posted on April 6, 2021Categories Uncategorized

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.
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Supreme Court to Make a Decision Regarding the NCAA’s Monopoly in Collegiate Athletics

Posted on April 5, 2021Categories Athletic Regulation

The Supreme Court began hearing oral arguments in the matter of National Collegiate Athletic Association v. Alston, et al. on March 31st, 2021. After decades of controversy regarding what restrictions the National Collegiate Athletic Association (NCAA) should be allowed to place on their member universities to compensate their collegiate athletes, many antitrust experts hope that the Supreme Court’s decision will give a final decision on if the NCAA’s current regulations are a violation of Section 2 of the Sherman Act and if they are, are they still justified by the NCAA’s goals.
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Environmental Groups Fight for Stronger Regulation of Ground-level Ozone Pollution

Posted on April 3, 2021Categories Uncategorized

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

Posted on April 2, 2021Categories Uncategorized

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

Posted on April 1, 2021Categories Uncategorized

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

Posted on March 31, 2021Categories Uncategorized

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.
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NCAA March Madness Compliance with COVID-19 Guidelines

Posted on March 31, 2021Categories Athletic Regulation

In this unprecedented season of March Madness, the National Collegiate Athletic Association (NCAA) is required to implement rigorous health and safety procedures to conform to CDC guidelines and fend of COVID-19 complications in this year’s basketball tournament. This year’s tournament will be held exclusively in Indianapolis, Indiana, with the Final Four playing in the Lucas Oil Stadium to accommodate a larger audience. However, capacity will still be reduced to just 25%. All venues for the tournament will be less than 25% capacity. This 25% capacity includes,” all participants, essential staff and family members of each participating team’s student-athletes and coaches and a reduced number of fans.” The NCAA noted that those who were able to attend the tournament games live would be required to wear face coverings and to socially distance from one another. As of March 18, the NCAA only identified eight positive COVID-19 cases out of more than 9,100 tests. This is equal to a positivity rate of less than 0.1%.