News & Analysis as of

Final Rules

CMS Requires Participating Providers to Prepare for Emergencies

by Carlton Fields on

On March 24, 2017, the Centers for Medicare & Medicaid Services (CMS) released a memorandum encouraging participating providers to “seek out and participate in a full-scale, community-based exercise with their local and/or...more

DOL Issues Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days....more

Start Date Delayed for EPM, Cardiac Rehabilitation and CJR Episodes of Care

by Baker Ober Health Law on

CMS recently announced that the effective start dates for episodes of care under the Episode Payment Model (EPM), Cardiac Rehabilitation Incentive Payment Model (CR) and the revisions to the Comprehensive Care for Joint...more

CFPB Proposes Changes to Prepaid Accounts Rule

by Morrison & Foerster LLP on

On June 15, 2017, the Consumer Financial Protection Bureau (“CFPB”) released proposed revisions to its final Prepaid Accounts Rule (“Final Rule”). The Final Rule was published in November 2016 and was subsequently amended to...more

FDA Extends Compliance Dates for Nutrition and Supplement Facts Label and Serving Size Final Rules

by Baker Donelson on

On Tuesday, June 13, the United States Food and Drug Administration (FDA) announced it was extending the compliance dates for its final rules for Nutrition and Supplement Facts Labeling and Serving Sizes....more

Has the CMS Done an About Face as it Relates to Arbitration?

by Steptoe & Johnson PLLC on

Has the Centers for Medicare & Medicaid Services (CMS) abandoned its previously adopted Final Rule prohibiting mandatory nursing home arbitration?  The recent decision by the CMS to forego its Fifth Circuit appeal of the...more

Employers, Be Aware of - but Don’t Worry about - the Fiduciary Rule’s June 9 Deadline

by Miles & Stockbridge P.C. on

If you’ve had better things to do, you might only be vaguely aware that the new fiduciary rule becomes effective on June 9, 2017. We’ve written about this before (here and here), but a quick refresher might be helpful as the...more

HMDA Changes - The Final Rule and Fair Lending

by Poyner Spruill LLP on

The Home Mortgage Disclosure Act (HMDA), passed by Congress in 1975, requires the collection, recording, reporting and public disclosure of residential mortgage lending activity. The traditional focus of HMDA compliance has...more

CBP Updates Regulations to Eliminate Consumptive Demand Exception to Prohibition on the Importation of Goods Made with Forced...

On June 8, 2017, Customs and Border Protection (“CBP”) published a final rule that removes the consumptive-demand exception from its regulations that implement the prohibition on the importation of merchandise that has been...more

Lawsuit filed challenging Dept. of Education “borrower defense” final rule banning arbitration

by Ballard Spahr LLP on

The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more

DOL bulletin: Fiduciary Rule will take effect June 9

by DLA Piper on

Earlier this year, President Donald Trump requested that the Department of Labor reexamine the pending Fiduciary Rule. In response, DOL has just issued Field Assistance Bulletin (FAB) 2017-02, together with an additional set...more

European Commission Issues Findings on Geo-Blocking and the Digital Single Market

On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the...more

CFTC Modernizes Record-Keeping Rule

On May 30, 2017, the Commodity Futures Trading Commission (CFTC or Commission) published final rule changes that substantially revise Rule 1.31 (Revised Rule) to modernize record-keeping obligations for any person required by...more

CMS’ New Interpretations And Guidance Relating To The Rules Governing The Affordable Care Act

by Stoel Rives LLP on

While H.R. 1628, the American Health Care Act of 2017, the bill that seeks to repeal key provisions of the Patient Protection and Affordable Care Act (“PPACA”), passed the House on May 4, 2017, and is being considered by the...more

ERISA's Fiduciary Rule – Not Dead Yet, Not Dead . . . Ever?

by Dechert LLP on

It has been a long and winding road for the amended fiduciary regulation (the "Regulation") of the U.S. Department of Labor (the "DOL") under the Employee Retirement Income Security Act of 1974 ("ERISA"). The highly...more

The Final Rule: June 9 is the Launch Date After All

With its announcements of May 22, 2017, starting with an op-ed in The Wall Street Journal, the Department of Labor confirmed that, absent last-minute action in the courts or by Congress, its new “investment advice” fiduciary...more

DOL’s Fiduciary Rule To Apply June 9th, Investment Managers and Advisers May Want to Take Action Now

by Proskauer Rose LLP on

The U.S. Department of Labor's (DOL) final rule significantly expanding when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) as a...more

DOL’s Fiduciary Rule to Become Partially Effective June 9, 2017

The Fiduciary Rule, which expands the circumstances under which providers of investment advice may be considered Employee Retirement Income Security Act of 1974 (ERISA) fiduciaries, was initially published in the Federal...more

OSHA Indefinitely Postpones Electronic Submission of Injury and Illness Records

by Bryan Cave on

With a July 1, 2017 deadline looming, the Occupational Safety and Health Administration (OSHA) just announced on its website an indefinite extension for the electronic submission of injury and illness logs. This extension...more

MSHA Extends Effective Date of Final Rule on Examinations of Working Places in Metal and Nonmetal Mines to October 2, 2017

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced on May 22, 2017, that it is extending the effective date of the agency’s Final Rule on Examinations of Working Places in Metal and Nonmetal...more

Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in...more

Department of Labor’s New Fiduciary Rule Will Go Into Effect June 9th

The Department of Labor has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017, ending speculation of further delay. At the same time, the Department...more

Colorado Division of Securities Publishes Final Cybersecurity Rules

by Ballard Spahr LLP on

The Colorado Division of Securities (Division) has published final cybersecurity rules applicable to broker-dealers and investment advisers. The Colorado Attorney General's office has 20 days to write an opinion on the rules,...more

OSHA E-Filing Rule on Hold

by Barley Snyder on

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) on Wednesday suspended a recent rule change requiring companies to electronically report their injury and illness records. The rule, which took...more

OSHA to Extend Deadline for Electronic Submission of Injury and Illness Summaries

by Sherman & Howard L.L.C. on

OSHA has announced that it “intends to propose extending the July 1, 2017 deadline” for the first phase of its rule requiring the electronic submission of injury and illness records. ...more

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Cybersecurity

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