INSIDE COMPLIANCE – Page 94 – Loyola University Chicago School of Law

Privacy in Insecurity

September 8, 2017HIPAA & Health Information

Though the rain has stopped falling, Houston is still dealing with the aftermath of Hurricane Harvey, one of the largest and most destructive rainfall events on record. Healthcare providers in particular find themselves struggling to keep up with the various health problems caused by the flooding itself, on top of getting life-sustaining care to individuals with chronic or preexisting conditions. Crises like Harvey create serious problems for the delivery of care, but also for regulating it—circumstances are so uniquely devastating that standards can feel like barriers to necessary medical attention. And when family and friends are desperate to know if their loved one is out of danger, even the right of privacy seems negligible.

However, natural disasters and emergency events shouldn’t be used as an excuse to regulate away protections individuals depend on, such as the privacy and confidentiality of their personal information. Regulators must be careful when determining how to respond in a crisis—overreaching for the sake of bringing relief or under-regulating for flexibility can leave the public high and dry when the floodwaters recede.

HIPAAHIPAA waiverhurricane harveynatural disasterpublic health emergencysection 1135

It’s Time for States to Get REAL

September 7, 2017Uncategorized

After years of waiting, the final implementation extension deadlines for compliance with the REAL ID Act of 2005 are near. The most recent extensions for certain states pushed the final compliance deadline to October 10, 2017. Assuming the Federal Government does not grant further extensions, by this date all 50 states must be compliant with the Act.

CommercialcomplianceDeadlineGetREALREALIDTransportationTravel

The 1500 Hours Rule Grounds the US Airline Industry

September 5, 2017Uncategorized

The 1500 Hours Rule requires first officers to have at least 1500 hours of total flight time for licensure to fly commercial aircraft. The 2010 regulation boosted the flight time requirement for first officers from 250 to 1500 hours. Due to the heightened experience requirements, regional airlines have grounded flights and reduced their services, as they have not had sufficient qualified pilots to sustain the flights.

aviationcommercial aircraftFAApilotsTransportation

Call for Papers: Center for Compliance Studies 2018 Symposium “What is the Role of a Regulation if it is Not Enforced?”

September 4, 2017Uncategorized

The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?” The Symposium will take place at Loyola University Chicago School of Law …
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Call for PapersConferencesRegulationSymposium

Kicking Off a New Academic Year at the Center for Compliance Studies

August 31, 2017The Art of Compliance

The academic year for 2017-2018 has begun at the Center for Compliance Studies. We have a lot on tap—a new look for the blog, an exciting symposium in February 2018, Issue 2 of the Journal soon to be published, and a number of new scholarly endeavors.

Beazley Center for Health LawCenter for Compliance StudiescomplianceJournal of Regulatory ComplianceLoyola University ChicagoLoyola University School of Law

Securing All The Things: Cybersecurity, D-Link, and the Expansion of IoT

July 12, 2017Uncategorized

The internet of things (IoT) holds promise for new ways to interact with and leverage technology; however, ever-expanding connectivity brings increased vulnerability. Addressing security and privacy issues is necessary for the continued growth of the IoT—and, as the U.S. Federal Trade Commission’s case against D-Link Corporation demonstrates, one of vital interest to regulatory lawmaking bodies as well.

d-linkDLinkFTCinternet of thingsprivacyPrivacy & Securityransomware

The Need for a Modified Upjohn: Internal Investigations and When to Warn

June 21, 2017The Art of Compliance

Compliance programs rely heavily on internal investigations. Yet unlike their counterparts in the in-house counsel’s office, compliance professionals rarely give notice when they are conducting such investigations. Whether compliance professionals have duty to notify individual directors, officers and employees of an internal investigation remains unclear. This lack of clarity leads to confusion with employees and officers regarding the limits of confidentiality, and the compliance officer’s duty of loyalty. A robust ethics and compliance program should therefore take a proactive stance and integrate Upjohn warnings—a standard of corporate counsel, but modified to fit the compliance function—into the internal investigation process.

compliance programinternal investigationsnoticeupjohn

Insurance Plans and Opioids: Releasing and Raising the Barriers to Prescribe

April 28, 2017Uncategorized

With the opioid addiction epidemic continuing to rise in the United States, several insurance companies loosened the existing barriers to addiction treatment. Aetna Insurance Company joined Cigna and Anthem in removing key provisions in its insurance plans that require additional authorization prior to providing addiction treatment. At the same time, Cigna proposed to strengthen barriers to physician prescribing of opioids in an attempt to further address the opioid epidemic.

AetnaAnthemCignaHealth Insuranceopioid epidemicpublic health

Bose Accused of Blasting Consumer Listening Habits to Third Parties

April 27, 2017Uncategorized

Global music technology giant and headphone maker, Bose Corporation, has been hit with a class-action lawsuit alleging that Bose collected the listening preferences of the users of its wireless headphones and its companion application without their knowledge and sold that information to third parties. Counsel representing the class filed the complaint in federal court in Chicago, Illinois alleging violations of the Electronic Communications Privacy Act (“ECPA”) and the Illinois-specific Eavesdropping Statute.

class actioneavesdropping lawsECPAElectronic Communications Privacy ActPrivacy & Security

The NCAA and Title IX

April 25, 2017Athletic Regulation

The NCAA has focused on gender equality in intercollegiate athletics by complying with federal and state laws and establishing an inclusive environment free of gender bias. This article outlines some of the challenges colleges face in maintaining compliance with these laws.

BasketballGenderNCAATitle IX