INSIDE COMPLIANCE – Page 89 – Loyola University Chicago School of Law

GDPR Enforcement Notice to AggregateIQ

October 25, 2018Uncategorized

On July 6, the Information Commissioner’s Office (ICO) issued their first Enforcement Notice to AggregateIQ (AIQ) under the General Data Protection Regulation (GDPR) and the United Kingdom’s Data Protection Act (DPA). The GDPR is a law regulating data protection and privacy as well as the export of personal data outside of the European Union (EU). It became enforceable on May 25, 2018. The DPA supplements the GDPR and regulates the processing of personal data. The ICO is a regulatory office in the UK which enforces regulations under the DPA and GDPR. AIQ is a Canadian digital advertising, web and software development company that was charged with violations regarding the use of data analytics in political campaigning. This article will address the AIQ enforcement notice and how companies ensure compliance with the GDPR to prevent receipt of an enforcement notice.

enforcementGDPRPrivacy & Security

SEC Continues to Carve Out Regulatory Framework for Cryptocurrencies

October 24, 2018Finance & Banking

On September 11, 2018, the Securities and Exchange Commission (SEC) announced two enforcement actions relating to failures to register by market intermediaries in connection with digital asset activities. Despite earlier suggestions that the Commodity Futures Trading Commission (CFTC) might be the primary self-regulatory organization (SRO) regulating this market, the main takeaway from these cases is that market intermediaries dealing in digital assets may also have registration and customer protection liabilities, and the failure to observe them can result in serious penalties.

Cryptocurrencyenforcementsecurities regulationSEC

Electronic Health Record Compliance Measures Benefit Patient Centered Care

October 7, 2018HIPAA & Health Information

In a time when data breaches occur fairly frequently, whether it’s credit card information being stolen from department stores or a credit reporting bureau breach affecting hundreds of millions of customers, keeping personal information private seems to get harder every day. That fact may give patients pause when they are asked to sign up for an electronic health record account. A 2017 survey listed electronic health record management as one of patients top concerns. Changes in recent years have led to changes in compliance measures that make electronic health records security an added benefit to patients and ensure the continued increase of their adoption.

complianceCMSElectronic Health RecordEHRmedicareMedicaidJournal of Regulatory ComplianceHIPAAHITECH ActHITECHPromoting Interoperability ProgramPrivacy & SecurityRegulation

Black Market Midwifery: Lack of Regulation Compromises the Safety of Women Who are Committed to Giving Birth Outside the Hospital Setting

October 4, 2018Uncategorized

Across the United States more and more women are choosing to give birth outside of hospitals. Currently, in Illinois, Certified Professional Midwives are not licensed to provide home birth services. However, over the last decade, advocates in Illinois have urged lawmakers to reconsider this restriction. The most recent attempt in 2017 was unsuccessful once again. While opponents argue that individuals with this level of training should not be providing care to women during delivery, the choice for women who are committed to home birth is not between home and the hospital. It is between home and an illegal or unassisted delivery.

Maternal HealthMidwiferyIllinoisHealthcare ProfessionalshealthcareRegulation

FDA Declares War on Flavored E-Cigarette

October 2, 2018The Marketplace, Drugs & Devices

In July 2017, the Food and Drug Administration revealed a new policy that sought to reduce the deaths and diseases caused by smoking which takes nearly 500,000 lives annually in the United States. In early September 2018, the FDA followed up on its mission by unveiling a plan to address the e-cigarette epidemic. E-cigarettes, and in particularly, a brand of flavored e-cigarettes called “JUULs,” have taken the teenage and adolescent market by storm. While the FDA is primarily concerned with reducing the overall number of smoking-related casualties, it notes a particular concern for a vulnerable young demographic and the effects of nicotine intake on a developing brain.

adolescentsjuulFood and Drug AdministrationFDAhealthtobaccoRegulation

DeVos’ Deregulation Attempt Fails as Judge Upholds Borrower Defense Rules

October 1, 2018Uncategorized

A new set of student loan forgiveness regulations introduced earlier this year aimed to hack away at “borrower-defense” protections which shielded students from predatory loan practices by for-profit universities. Under Education Secretary Betsy DeVos, the Department of Education crafted new, more restrictive borrower-defense regulations after blocking an Obama Administration regulation from going into effect last year. U.S. District Court Judge Randolph Moss sided with consumer rights activists who argued against the Secretary of Education, alleging the Department of Education violated federal law and procedure by repealing the Borrower Defense to Repayment rule. The Trump Administration requested another opportunity to delay the regulations from taking effect, but Judge Moss has not yet ruled on their request.

Educationborrower-defenseBetsy DeVosRegulation

A Way Around HHS 340B Program Delays

September 28, 2018Drugs & Devices

Access to quality, comprehensive health care services seems to always be at the forefront of our health care industry. One’s ability to gain access measured in terms of utilization, is dependent upon financial affordability, and physical accessibility. While a seemingly small issue under the overarching ‘access to health care’ topic, talks about access to medication and its affordability in particular for the vulnerable and underinsured patients must also be addressed. A number of health organizations have sued HHS for delaying the implementation of rules that would force drug companies to be transparent about their pricing and punish them for overcharging participating hospitals in the federal program that discounts outpatient medication. Due to HHS’ delays, hospitals cannot challenge drug manufacturers for overpricing outpatient medication thus they cannot access refunds of discounts that are due to them under statute.

compliancedrug pricingDrug ManufacturersdiscountsAmerican Patients First340BAccessMedication affordabilityMedicaidLegislationHospital ComplianceInflationHHShealthcareunderinsuredTrump AdministrationpharmacyRegulationreimbursement

Election Assistance Commission Releases Funds to Help States Prepare for 2018 Elections

September 25, 2018Uncategorized

The U.S. Election Assistance Commission has released over $300 million in Help America Vote Act funds to 48 states and territories intended to improve election security and administration. This comes after the Consolidated Appropriations Act of 2018 appropriated $380 million into the Help America Vote Election Security Fund in March of this year.

electionJournal of Regulatory CompliancemidtermsIllinoisvotersRegulationrussia

Massachusetts Grapples with “Adequate” Nurse Staffing Requirements

September 24, 2018Uncategorized

On November 6, 2018, Massachusetts voters will determine whether they want to establish patient assignment limitations for registered nurses working in hospitals. The Massachusetts Nurses Association (“MNA”) has been the driving force behind the proposed legislation. After acquiring more than 100,000 signatures for the initiative to appear on the ballot and a victorious litigation outcome regarding the legislation’s employment implications on hospitals, the Massachusetts voters will ultimately determine the legislation’s fate.

EmploymentNurse Staffingpatient safety

The Unintended Effects of the BEAT Provision on the Insurance Sector

September 21, 2018Uncategorized

A provision within the new tax overhaul is emerging as a leading concern for the property and casualty insurance sector. The industry recently experienced growing uncertainties about how a vaguely worded provision within the Base Erosion and Anti-Abuse Tax (BEAT) may affect their bottom line. However, the insurance industry is not the only group that may experience these unintentional ramifications; consumers and small businesses are also likely to see an increase in their premiums due to implications of BEAT.

BEATInsurancetax