INSIDE COMPLIANCE – Page 79 – Loyola University Chicago School of Law

NCAA’s Name, Image, and Likeness Rule Proposal is Changing the Collegiate Sports Model

November 20, 2019Athletic Regulation

On October 25, 2019, the National Collegiate Athletic Association (“NCAA”) unanimously voted to begin changing the rule to allow colleges athletes to profit off their name, image, and likeness. This progressive move is a big deal for the organization, which has previously kept an extremely firm line between amateurism and professionalism for their athletes. Despite opposition by some to change the current model, public opinion is strongly in favor of these types of changes.

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Supreme Court to Review SEC Authority in Enforcement Actionsment

November 15, 2019Uncategorized

The Supreme Court has granted certiorari to consider whether the Securities and Exchange Commission (“SEC”) has the authority to obtain disgorgement in district court actions. Disgorgement is the repayment of “ill-gotten gains” imposed as a court sanction to recover funds that were received through illegal or unethical business transactions. These recovered or disgorged funds are paid back with interest to those who the practice affected. Each year, the SEC obtains billions of dollars in disgorgement, so an adverse ruling by the Supreme Court could eliminate one of the SEC’s most important remedies for securities violations. In 2018, for example, the agency returned $794 million to harmed investors.

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HIPAA And The Growth Of Technology

November 14, 2019HIPAA & Health Information

Earlier in 2019, a lawsuit was filed against University of Chicago Medicine, University of Chicago Medical Center, and Google. The suit claims that patient information was shared with google as part of a study aimed to advance the use of Artificial Intelligence, however, patient authorization was not obtained and the data used was not properly de-identified. In 2017, University of Chicago (UChicago) Medicine started sending patient data to Google as part of a project to look to see if historical health record data could be used to predict future medical events.

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Complying with the Every Student Succeeds Act’s Reporting Requirements

November 13, 2019Uncategorized

The annual Illinois School Report Cards under the Every Student Succeeds Act (ESSA) were released on October 30. The report cards are now focused on student growth under ESSA which was signed into law four years ago. This will be the second Report Card released in Illinois under the new reporting guidelines under ESSA that requires states to evaluate schools on a variety of indicators of success, rather than just by student achievement. These report cards will rank schools from “Exemplary” to “Lowest-Performing” and report school spending this year as well as student performance data.

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As CBD Sales Grow, FTC Cautions Against Misrepresentations

November 12, 2019The Marketplace, Drugs & Devices

On September 10, 2019 the Federal Trade Commission (FTC) sent warning letters to three companies that sell oils, tinctures, capsules, “gummies,” and creams containing cannabidiol (CBD) regarding the companies’ false advertising practices. Cannabis is a plant of the Cannabaceae family and contains more than eighty biologically active chemical compounds. The most commonly known compounds are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). CBD does not cause intoxication like THC.

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CMS Launched Pilot Project to Offer Individual Market Wellness Programs

November 11, 2019Uncategorized

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.

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Recent Movements in Biometric Data Privacy

November 11, 2019The Art of Compliance

In 2008, the Illinois legislature introduced and passed the Biometric Information Privacy Act (BIPA), which became the first law of its kind in the US. BIPA was passed to protect individuals against the unlawful collection and storing of biometric information. While many states have enacted similar laws, BIPA remains the most stringent among its contemporaries.

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Operation Varsity Blues Scandal: Should We Be Surprised?”

September 19, 2019Athletic Regulation

In March 2019, charges were brought against a number of National College Athletic Association (“NCAA”) athletic department personnel. These officials were found partaking in a fraudulent scheme which allowed affluent young adults to gain admission to elite universities under false pretenses, like fake test scores and phony athletic prowess. The actions of these athletic directors and coaches call into question the effectiveness of the NCAA monitoring and reporting methods to combat misuse and abuse of the athletic system. The NCAA and their institutions must learn from this most recent scandal to identify the problems in athletic compliance that allowed this fraud.

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Telehealth Services Amid a Global Pandemic

May 6, 2020Uncategorized

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.

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SEC Adopts New Rules for Whistleblower Program

October 15, 2020Fraud & Abuse, Finance & Banking

Twelve years after the 164-year-old brokerage firm Lehman Brothers collapsed during the global financial crisis that had been sparked by the subprime mortgage catastrophe, last month the U.S. Securities and Exchange Commission (SEC) adopted a new rule changing parts of the agency’s whistleblower program. The program, which was established by the Dodd-Frank Act in 2010, permits the agency to provide financial awards to whistleblowers who provide it with original information about fraud and securities violations. At issue in this new rule is how the SEC will evaluate and apply its award criteria based on the circumstances in each case. Commissioners voted 3-2 to adopt the final rule – which is effective 30 days after publication in the Federal Register – during their Sept. 23 meeting. The SEC said the new rule was aimed at more efficient claim processing, increased transparency to the structure used by the Commission in determining award amounts and making other changes that reflect the Commission’s experience overseeing the program.

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