INSIDE COMPLIANCE – Page 60 – Loyola University Chicago School of Law

Trump Administration Creates New Division of Health and Human Services

February 19, 2018HIPAA & Health Information

The Trump administration has established a new division within the Department of Health and Human Services (HHS) called the Conscience and Religious Freedom Division. The stated purpose of this office is to “restore federal enforcement of our nation’s laws that protect the fundamental and unalienable rights of conscience and religious freedom.”

One day after the creation of this division, HHS proposed a new rule, providing further protections to healthcare workers who object to providing certain types of care to patients—including elective sterilization, gender reassignment surgery, or emergency contraception—based on their personal religious beliefs. Additionally, the Trump administration issued a new directive, reversing an Obama administration directive which prohibited states from refusing to send federal funds to qualified providers. This new division, new rule, and new directive serve to ensure the already-existing rights of physicians, nurses, and healthcare staff at the expense of their patients.

Conscience and Religious Freedom DivisionChurch AmendmentDepartment of Human ServicesmedicineOffice of Civil RightsHealthcare ProvidersHealthcare ProfessionalsWeldon AmendmentProposed ruleRegulationreligion

Trump Administration Deregulates Financial Services

February 15, 2018Finance & Banking

The Trump administration is delivering on its promise to deregulate America. Since taking office, numerous regulations spanning everything from energy to health care have been repealed or weakened. The financial services industry is not immune to the deregulation movement. The Trump administration is acting through appointments, executive agencies, and legislation to deregulate the financial services industry. Proponents of deregulation claim the movement is needed after Dodd-Frank and strict post-financial crisis regulation. However, in deregulating financial services, the Trump Administration—and compliance professionals—should proceed cautiously.

complianceCFPBBankingOCCfinanceFederal ReserveTrumpRegulation

Required Regulation? Challenge to BLM repeal of New Fracking Standards

February 14, 2018Uncategorized

Environmental and tribal groups have historically taken important roles in implementing and enforcing regulations to protect the environment. In a recent action, environmental and tribal groups took on the Bureau of Land Management (BLM) in an attempt to quash BLM’s elimination of a rule regulating the chemicals used in fracking. Although the final rule was originally officially published and implemented in 2015, it never went into full effect due to major challenges brought by the oil and gas industry. However, the Trump administration recently repealed the rule in its entirety, prompting a lawsuit arguing that the BLM is required to promulgate regulations as part of its mission.

environmental regulationEnergyoil and gasmlanepafrackingFLPMAfederal regulationimla

Battle of the Knights

February 13, 2018Athletic Regulation

Starting with the 2017 season, the National Hockey League (NHL) expanded to add the Vegas Golden Knights. If hearing “NHL” and “Golden Knights” confused you, you might not be alone – the Army parachute team is also named the Golden Knights. And that potential for confusion has caused the Army to file notice in the Patent and Trademark Office and request that the PTO refuse to register Vegas’ trademark.

dilutionArmyblurringLas Vegasparachutemighty ducks of anaheimNHLGolden KnightsHockeyTrademarktarnishmentUSPTOPatent and Trademmark Office

Once In, Always In

February 12, 2018Uncategorized

The Environmental Protection Agency (“EPA”) recently issued a guidance memorandum withdrawing the decades-old “once in, always in” policy. The policy prohibited facilities once considered to be major sources of emissions of hazardous air pollutants to be later reclassified. These facilities are always subject to the class Maximum Achievable Control Technology (“MACT”) standards, regardless of any newly implemented processes or controls that reduce emissions.

However, the EPA found that the policy was established upon an incorrect interpretation of the Clean Air Act. Facilities may now be reclassified as “area sources” if their emissions fall below the threshold and will be subject to less strict standards.

Clean Air ActEPAenvironmental regulationEnvironmental Protection AgencyArea sourceMajor sourceMACT StandardsOnce in Always in

What Does a Federal Government Shutdown Mean for Compliance?

January 21, 2018Uncategorized

For the first time since 2013, on Saturday, January 20th, 2018, the U.S. government ran out of money when Congress failed to pass a spending bill to fund the federal government. Much of the federal government’s operations have ground to a halt due to the lack of funding. Because Congress is seemingly at an impasse over immigration policy, the shutdown may last several days, if not weeks. In light of Loyola’s upcoming symposium exploring what happens when regulation is not enforced, it is interesting to consider how, in a similar vein, the shutdown affects compliance.

CongressEDenforcementDepartment of LaborDepartment of Health & Human ServicesDepartment of EducationDOLIRSInternal Revenue ServiceOccupational Safety & Health AdministrationOSHAFood & Drug AdministrationFDAHHSpolicies and proceduresSecurities & Exchange CommissionSECShutdownRegulation

The Effect on Compliance of Lowering Corporate Tax Rates is Uncertain

January 18, 2018Uncategorized

It is commonly accepted that lowering tax rates increases tax compliance and high tax rates encourage tax evasion. The recent U.S. tax reform bill, the Tax Cuts and Jobs Act of 2017, was enacted partly due to assumptions that lowered tax rates would increase tax compliance and recover lost revenue. Here, I examine the theoretical basis for the claim that lowering income taxes increases compliance, as well as the external evidence regarding the extent of increased compliance due to lowering tax rates.

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REGISTER NOW for the 2018 Compliance Symposium!

January 16, 2018Uncategorized

“What is the Role of a Regulation if it is Not Enforced?”

Friday, February 16
9 a.m.–4 p.m.

Philip H. Corboy Law Center
25 E. Pearson Street
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
Chicago, IL

The symposium will explore questions of theory and practice related to an administrative state that has such a largesse of regulations (and quasi-regulations in the form of interpretative guidance) that administrative agencies cannot possibly audit or enforce all of their expectations for regulated actors. The size and decentralized control of the administrative state poses questions of legal theory on the role of regulations in society if the state has no intention or lacks resources for enforcing them and practical questions for the regulated actors in how or when to comply with the regulations. But it also sets up a minefield for the regulated actor if enforcement agencies can play “gotcha” on technical strict liability rules which may be buried amid manuals or have been previously enforced. Although focusing on law, the symposium is intended to be multi-disciplinary and seeks to bring together scholars from law, ethics, political science, business, economics, and philosophy.

announcementloyola university chicago school of lawLoyola University ChicagoJournal of Regulatory ComplianceSymposium

Trump Administration and BSEE Plan to Reopen Federal Waters to Offshore Drilling

January 15, 2018Uncategorized

A government agency created in response to the 2011 BP oil spill is proposing changes to its rules surrounding offshore drilling. The Bureau of Safety and Environmental Enforcement (BSEE) was established to replace the former Minerals Management Service (MMS) agency in response to its perceived conflict of interest and poor regulatory oversight. Since 2011, the BSEE focused exclusively on safety. Now it seems its changing its tune to promote more offshore oil and gas drilling.

environmental regulationBSEEBP oil spilloil productionoffshore drillingMMS

ICD-11 on the Horizon: How Soon Will Healthcare Providers Actually Need to Comply?

February 26, 2018Uncategorized

In October 2015, the tenth revision of the International Classification of Diseases (ICD-10) was implemented in the United States. Three years earlier, however, ICD had already begun beta testing for its eleventh revision (ICD-11). The ICD-10 implementation came after repeated delays and substantial requirements for healthcare organizations to reach compliance with the new codes. The United States trudged through training and compliance struggles as it transitioned to ICD-10. The threat of ICD-11’s release in 2018 promises to have drastic and far-reaching effects on the compliance actions of healthcare organizations.

compliancecodingAmerican Health Information Management AssociationAHIMAbillingbeta testing ICDInternational Classification of DiseasesGeorge B. BreenICD-9ICD-11ICD-10health care complianceWorld Health OrganizationWHORegulation