INSIDE COMPLIANCE – Page 88 – Loyola University Chicago School of Law

What Happens When The Police Demand PHI

November 14, 2017HIPAA & Health Information

It happens in every emergency department: a law enforcement officer comes into the ER at two o’clock in the morning and demands to test the blood alcohol levels of a patient brought in after an auto accident. The officer pulls an exhausted nurse to the side in the hopes that the nurse will forget his or her training, or become anxious enough to give up the information for fear of being arrested. Yet no matter the specific facts, the question remains: can a hospital give law enforcement officers a patient’s PHI without authorization from the patient? In some situations, is it even required?

There is a provision under the HIPAA Privacy Rule that allows, and in some cases, requires, entities to disclose patient’s PHI to law enforcement without the patient’s authorization. However, state law can complicate this picture with more restrictive regulations and guidance.

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SEC Begins to Regulate Bitcoin and other Cryptocurrencies

November 14, 2017Finance & Banking

The Securities and Exchange Commission, which has been notably quiet on the subject, is beginning to show an interest in the cryptocurrency craze. It published a report last July concluding that initial coin offerings (ICOs) are subject to securities laws and that one ICO which raised nearly $150 million worth of cryptocurrency violated securities law.

CryptocurrencyDAOICOSECsecurities

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.

AAPAAmerican Academy of Physician AssistantsCollaborating PhysicianHB215House Bill 215Illinois Public Act 100-0453Michigan Public Act 379New Mexico HB 215New Mexico House Bill 215Optimal Team PracticePAPA CompliancePA LegislationPA PolicyPA100-0453PA379Participating PhysicianPAsPhysician AssistantPhysician Assistant CompliancePhysician Assistant PolicyRegulationSupervising Physician

Drone Use and Technological Advances in Aviation

November 14, 2017Uncategorized

Technological advances in aviation have turned what was once a matter of science fiction into reality. With that increase in technology comes a need for regulation of those technologies and their integration into daily lives. In 2016, the Federal Aviation Administration (“FAA”) finalized its first iteration of the rules that would begin to mold how drones are used.

aviationCFRcompliancedronesFAAPart 107technologyTransportation

Congressional Repeal of Consumer Protection Rule Creates Bar to Class-Action Suits Against Banks

November 10, 2017Finance & Banking

In July of 2017, the Consumer Financial Protection Bureau (“CFPB”) Director, Richard Cordray, implemented a rule regulating the ability of banks to prohibit class-action lawsuits from being placed within the fine print of their consumer contracts. By the end of July, the House of Representatives voted to repeal the rule under the Congressional Review Act, which allows lawmakers to overturn any recently issued regulation by an executive agency. The Senate subsequently voted to repeal the rule after a 50-51 vote, where Mike Pence cast his vote to break the 50-50 tie. On November 1st, 2017, President Trump signed the bill repealing the regulation.

Banking RegulationBanksCFPBclass actionCongressCongressional Review ActConsumer Financial Protection BureaufinanceMandatory ArbitrationRegulation

Self-Driving Cars: The “Cars of the Future” Impacted by Regulatory Restrictions

November 9, 2017Uncategorized

On Friday, October 28, 2017, the National Highway Traffic-Safety Administration (“NHTSA”) announced they are striving to deregulate strict regulations currently slowing production on self-driving cars. NHTSA is seeking to deregulate in an attempt to increase the production and deployment of driverless cars. In the Rulemaking Report released by the Department of Transportation (“DOT”), NHTSA seeks comments to “identify any unnecessary regulatory barriers to Automated Safety Technologies, and for the testing and compliance certification of motor vehicles with unconventional automated vehicles designs, especially those equipped with controls instead of a human driver.”

ASTautomated safety technologiescarsderegulationDoTdrivingNational Transportation Safety BoardNHTSAself-driving cartechnologyTransportation

How To Keep Your Government Accountable

November 9, 2017Uncategorized

On October 26, 2017, the United States government released files relating to the assassination of President John F. Kennedy and the investigation that followed. The majority of the documents generated by the investigation – about 88% of all FBI, CIA, and other agencies’ files – have been available for years, but the rest of the documents were due to be released this year. On the recommendation of the investigatory agencies, President Trump decided to keep some of this remaining information redacted due to “national security, law enforcement, and foreign affairs concerns.” Speculation as to the contents of these documents and the reasons for redacting secure information have renewed a continuing discussion about what information the public should be privy to and how this information can be accessed.

FOIAfreedom of informationinformationJFKprivacyRegulationTrump Administration

Handling a Data Breach: Equifax v Google

November 7, 2017Uncategorized

Google answered Amazon’s Echo Dot by recently launching their own pint-sized smart speaker, the Google Home Mini. Recently, Google was forced to disable one of the features on the Home Mini after it was discovered that a technical glitch led to near 24/7 audio recording. Google responded quickly and appropriately, investigating the cause and quickly releasing an update to disable the hardware responsible for the glitch. The Equifax hack – a breach of personal data including social security numbers, driver’s license information, and other credit details – exposed nearly half the country and waited months to respond. Upcoming European legislation that can significantly impact American companies with European Union clients may be part of the reason for their drastically different responses.

amazonbreachDoTechoEquifaxGDPRgooglehome miniinternet of thingsIoTmonitoringprivacyPrivacy & Securitysecurity

An Overview of Illinois Public Act 100-0538 Compliance with the Hyde Amendment

November 7, 2017Uncategorized

Illinois Public Act 100-0538, commonly referred to as House Bill 40, was signed into law on September 28, 2017. The Act repeals provisions in existing Illinois laws that aim to make abortion illegal should there be any change to the federal standard. Additionally, the Act lifts a ban on insurance coverage for abortions for low-income individuals enrolled in Medicaid. While enacting House Bill 40 was a win for advocates of reproductive rights in Illinois, the state will still need to comply with federal anti-abortion laws, such as the Hyde Amendment.

abortion accesscomplianceHB40Health InsuranceHouse Bill 40Hyde AmendmentIllinoisIllinois Public Act 538InsuranceMedicaidpolicyPublic Act 100-0538public healthRoe v. Wade

Challenges and Opportunities in Regulating Cryptocurrency

November 2, 2017Finance & Banking

Many nations are increasingly attempting to regulate Bitcoin and other forms of cryptocurrency. Increased regulation could help legitimize the currency, but uncertainties about what regulation lies ahead threatens the value of the currencies. A main driver of the increased value of cryptocurrencies is the potential for increased usage in markets globally and greater integration of them into our economy. Regulation may be essential to successfully enabling such integration, because with instability in trade and valuation of the currency it is hard for consumers to know whether they should be spending the currency, or if it will dramatically change in value over the course of a short time period.

anti-money launderingdata privacyencryptionfinancefinancial regulationInternal Revenue Serviceinternational complianceinternational taxmoney launderingSECsecurities regulation