INSIDE COMPLIANCE – Page 53 – Loyola University Chicago School of Law

Compliance in the Face of Evolving Physician Assistant Rules and Regulations

November 14, 2017Uncategorized

Physician Assistants (PAs) have long been recognized as clinicians working under the supervision and guidance of physicians. In recent years, advocacy efforts have shifted to encourage the recognition of PAs as team-based practice clinicians working in collaboration with physicians. State legislation is beginning to reflect those efforts, as one by one, states begin to update the governing rules and regulations. As that future nears, compliance efforts must be able to effectively respond and adjust to these changes in a timely manner.

Collaborating PhysicianAmerican Academy of Physician AssistantsAAPAPAsPA100-0453PA PolicyPA LegislationPA CompliancePAPA379Participating PhysicianOptimal Team PracticeMichigan Public Act 379New Mexico House Bill 215New Mexico HB 215House Bill 215Illinois Public Act 100-0453HB215Supervising PhysicianPhysician Assistant PolicyPhysician Assistant CompliancePhysician AssistantRegulation

Is Federal Securities (De)Regulation Obscuring State Blue Skies?

October 24, 2017Finance & Banking

Under Rule 506 of Regulation D (“Reg D”), the U.S. Securities and Exchange Commission (“SEC”) exempts companies making private placements to accredited investors from all federal and state securities registration requirements. As a federal safe harbor, Rule 506 of Regulation D preempts all conflicting state securities regulations, but reserves the states’ rights to require issuers to make notice filings, and to investigate and prosecute securities fraud under state securities laws, commonly known as “Blue Sky Laws.” On its face, Rule 506 of Reg D creates a more efficient securities marketplace. However, the historical lack of consequences for non-compliance at the federal level, combined with inconsistent state notice requirements for using exemptions, further complicates an already over-regulated securities marketplace.

blue sky lawsFINRAfinancial regulationstate regulationprivate placementssecuritiessecurities regulationSEC

Dear Colleague: Collegiate Compliance with Changing Evidentiary Standards of Sexual Misconduct

October 19, 2017Uncategorized

In a world where sexual assault occurrences on college campuses are becoming more readily recognized and reported, one of the many arising issues is how to appropriately respond to the allegations. Facing college disciplinary boards is one of the principal battlegrounds. With cases of sexual assault often lacking enough evidence for police action, many have demanded that colleges take responsibility for their students’ safety. However, in a situation where it is already “he said, she said,” what is the appropriate evidentiary standard for reprimand?

Clear and Convincing EvidencecollegeEducationDear Colleague LetterDepartment of EducationBetsy DeVosOffice of Civil RightsOCRTitle IXuniversityPreponderance of the Evidencesexual violencesexual misconductsexual assault

Clean Water Act vs. America’s Family Farms: Should the Two Be Foes?

October 19, 2017Uncategorized

As summer turns to fall, leaves begin to change, and farmers in the Midwest start the process of harvesting their crops. Farmers are hard-working, environmentally conscious, planners, who consider how their planting, fertilizer, and equipment effect the environment that their livelihood depends on. They do all of this while still attempting to remain compliant with all applicable state and federal laws. Currently, farmers are worried about changes being made to the Clean Water Act and if they are going to incur large economic damages because of it.

clean water actenvironmental regulationenvironmentalenvironmentagriculturechemicalsObamaMinnesotanitrogennavigable watersfarmingTrump

Personal Information Protection Act (“PIPA”): Redefining Cyber-Security & Consumer Protection

October 5, 2017Uncategorized

Illinois’ Personal Information Protection Act (“PIPA”) became effective on January 1, 2017. Illinois is just one of many states that recently strengthened their data breach notification systems and created data security laws to enhance protection of personal information. Like other state provisions, Illinois created stronger safeguards for personal information transmitted electronically. This act requires that all personal information provided electronically must be encrypted or redacted. The amendments to PIPA (1) broadened the statute’s definition of personal information; (2) clarified the safe harbor for encryption; (3) addressed required notification to residents after a breach; and (4) established limited exemptions.

consumercyber-securitydata breachactbreach reportingbusinessbreachIllinoisinformationPrivacy & Securityprotectionpersonal informationpersonalPIPA

FISA Section 702 and the Fading Future of Effective Surveillance Laws in the Midst of Governmental Mishaps

October 5, 2017Uncategorized

Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the United States government to obtain access to the communications (e.g. emails) of non-U.S. citizens without a warrant. The rationale behind the law is its potential for use in gathering intelligence on potential terrorists and potential terrorist activity. The law has become controversial because intelligence on U.S. citizens has incidentally occurred as well, as emails and phone calls from U.S. citizens have been contained in intelligence-storing databases. As the law expires at the end of 2017, Congress is considering changing the ways intelligence is collected pursuant to the collection procedures stipulated under the law.

data collectionintelligence gatheringFourth Amendmentforeign intelligence surveillance actsurviellancePrivacy & Securityprivacy

Using Deregulation to End the War on Coal and Oil

October 5, 2017Uncategorized

Environmental regulation has been heavily targeted by President Trump since the first days of his presidency, and even throughout his campaign. He announced early on that he wanted to cut general business regulations by at least 75%. His justification was that he wanted to remove red tape and delays and promote industry growth and economic development. The two industries potentially most affected by changes to environmental regulations are the oil industry and the coal mining industry.

One of this administration’s first big moves towards environmental deregulation was withdrawing from the Paris Accord. Against the advice of many leaders in the tech and fossil fuel industry, Trump chose to withdraw, stating that the terms of the accord were not as favorable to the United States. Experts say the support of the Paris Accord stems from a general trend towards reducing emission and creating more sustainable sources as a better investment than coal and oil, and a more “global framework”. Although some experts and leaders in the fossil fuel industry have been denouncing the changes, others are consulting with the Environmental Protection Agency (EPA) and the Interior Department on policy changes and leading the teams created to evaluate and remove regulations.

complianceEPAenvironmental regulationenvironmentEnergyderegulationparis agreementfossil fuels

When Selfies Go Wrong

October 5, 2017HIPAA & Health Information

On September 25th, a former Okaloosa County, Florida paramedic, Christopher Wimmer, was sentenced to six months jail time and three years’ probation for taking “selfies” with incapacitated victims in ambulances last year and sending them to a co-worker. He and his co-worker, Kaylee Renee Dubois, were engaged in a “selfie war” with each other and snapped images and videos of patients in ambulances who were unconscious, sedated, intoxicated, or incapacitated. In total, 101 photos, 64 videos, and 41 patients were photographed or recorded during the so-called war, and a mere three patients consented to photographs being taken of them. Employees’ missteps with the privacy rights of patients have a negative lasting effect on their employer, their own career, and their patients.

OCRHIPAAsocial mediaprivacy rightPrivacy & Securityselfie

FDA Nutrition Facts Label: Will the New Administration Approve a Change?

October 4, 2017Drugs & Devices

On May 20, 2016 the Food and Drug Administration (FDA) announced a new nutrition facts label for packaged foods, the first significant makeover in twenty years. The new label reflects new scientific information regarding our diets; such as the link between diet and chronic diseases like obesity and heart disease. This new label comes after three years of negotiations and proposed improvements between the FDA, scientists, and lobbying groups. Those in favor of the changes have pointed out that the old nutrition fact labels had no information to help consumers determine if they were complying with the U.S. Dietary Guidelines’ recommendations and that the labels did not reflect the necessary nutrients per day. These changes affect manufacturers as well as consumers. Manufacturers are not only worried about having to reformulate their foods, but also having to reconsider their ability to make certain nutrient content claims in advertisements and on packaging. Companies will also have to consider additional costs associated with packaging design, development of new artwork, regulatory consultation and review to ensure label compliance, reconsideration of inconsistent advertising, and human costs associated with potential new operating procedures and training to ensure compliance with the new regulations. In response to complaints from manufacturers, consumer advocates are reminding the White House Administration to remember that the FDA’s mission is protect the health of the American people not the bottom line of manufacturers.

compliancemanufacturerslabelsnutritionfoodFDAhealth

Trump Administration and American Companies Challenge Chinese Regulation Regarding Intellectual Property

October 4, 2017Uncategorized

Chinese foreign investment policies have long favored investments that bring the country technological advances from foreign companies. In recent years, China has increasingly developed policies which force foreign companies to share their intellectual property with China and to allow Chinese companies to conduct business with the foreign country China has backed off their previous requirements to transfer such information in an attempt to meet the requirements of the World Trade Organization (“WTO”) since joining the organization in September of 2001. Evidenced by President Donald Trump recently signing a directive to initiate an investigation into Chinese trade practices regarding the attainment of intellectual property from foreign companies, many companies and trade organizations believe that China is not adequately protecting intellectual property rights of foreign companies.

corporate integrity agreementChinabusInternational Affairsinternationalintellectual propertyinternational complianceinvestigationInternational Privacyexecutive orderWTOTrump Administration