Office of Management and Budget

News & Analysis as of

OMB Finalizes Review of 60-Day Overpayment Rule

The Office of Management and Budget completed its review of the long-awaited final rule establishing a process for Medicare Part A and B providers and suppliers to report and return overpayments within 60 days (the “60-day...more

DOL’s Fiduciary Regulation – One Step Closer to Final

The Department of Labor’s (DOL) controversial fiduciary regulation, which will subject a multitude of new financial market participants to strict fiduciary requirements under the Employee Retirement Income Security Act of...more

New Lifeline Rules to Become Effective Beginning February 4

Last summer, the FCC adopted new rules for the Lifeline program in its Second Order and NPRM (see our prior analysis of the order), including: the retention of eligibility documentation (such as scans of food stamp cards); an...more

EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance

The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to...more

Breaking News: New EEOC Pay Report Proposed For Employers in 2017

If there was any doubt that pay equity is major risk area for employers, that doubt should now be erased. This morning, on the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act, the EEOC made a startling...more

DOL Sends Fiduciary Rule to OMB for Review

DOL has indicated that the final rule will be released in the first half of the year. The US Department of Labor (DOL) sent its final Conflict of Interest Rule—Investment Advice (with related exemptions and amendments to...more

OSHA To Increase Maximum Civil Penalties in 2016

As employers look ahead to 2016, it will be important to consider the impact of Section 701 of the Bipartisan Budget Act of 2015 (H.R. 1314), which was signed into law by President Obama on November 2, 2015. This bill...more

Federal Agencies To Secure Information Systems And Assess Adequacy Of Cyber-Related Workforce

Two provisions of the Cybersecurity Act of 2015—the Federal Cybersecurity Enhancement Act and the Federal Cybersecurity Workforce Assessment Act?task the Department of Homeland Security (“DHS”) and the Office of Management...more

Also In The News - Health Headlines - January 2016 #2

OMB to Review Proposed Rule on Conditions of Participation for Hospitals – The White House Office of Management and Budget (OMB) received for review on January 4, 2016, a proposed rule (RIN 0938-AS21) that would revise...more

A&B Healthcare Week in Review - January 2016

On January 5, 2016, the Office of Management and Budget (OMB) received for review a final rule from the Centers for Medicare & Medicaid Services (CMS) entitled Covered Outpatient Drugs (CMS-2345-F). The rule had previously...more

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

Associations Press for More Logical Persuader Rulemaking Process

With the DOL's persuader rule nearing final publication, 90 trade associations representing millions of employers sent a letter to the U.S. Office of Management and Budget (OMB) on Friday asking that the rulemaking be...more

Alert: FCC Extends Exemption for Open Internet Transparency Rules for Small ISPs

In an order released late on December 15, the FCC extended the temporary exemption for smaller Internet service providers ("ISPs") from the "enhanced transparency" provisions of its March 2015 Open Internet Order through...more

DOL's Persuader Rule Advances

After years in regulatory limbo, the Department of Labor’s final revisions to the so-called “persuader” rule have moved one step closer to publication. On December 7, the DOL’s Office of Labor-Management Standards (OLMS)...more

The Office of Management and Budget announces the establishment of a new federal privacy council

On December 2, 2015, the Office of Management and Budget (OMB), announced a new initiative that is being developed to ensure that government agencies are putting the proper privacy protocols in place. Specifically, Shaun...more

OMB Releases Fall 2015 Regulatory Agenda

Earlier today, the White House Office of Management and Budget released its semi-annual Unified Regulatory Agenda and Regulatory Plan for Fall 2015, covering 59 Federal departments, agencies, and commissions. Entries are...more

Also In The News - Health Headlines - November 2015 #2

OMB Reviewing Final Rule Regarding New Payment Model for Hip and Knee Replacements – The White House Office of Management and Budget (OMB) received for review on October 28, 2015, a final rule establishing a new Medicare...more

FCC’s Consumer Advisory Committee Recommends Open Internet Consumer Disclosures

On November 3, 2015, the Federal Communications Commission’s (FCC’s or Commission’s) Consumer Advisory Committee (CAC) issued consumer disclosure recommendations that–subject to bureau-level review and approval–will enable...more

Energy & Environment Update - November 2015

Energy and Climate Debate - In his final major effort prior to retiring last week, Speaker of the House John Boehner (R-OH) reached a bipartisan agreement, the Bipartisan Budget Act of 2015, with other House and Senate...more

The November Surprise: OSHA Raises Penalties 82% And No One Notices

Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more

Blog: OIG Releases FY2016 Work Plan: Areas to be Reviewed Include SNFs, Drug Pricing, HIPAA

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) released this week its FY2016 Work Plan (Work Plan). The OIG Work Plan summarizes new and ongoing OIG reviews of various HHS programs and...more

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

Update on arbitration SBREFA panel

The CFPB has now taken two more significant steps towards issuing a proposed arbitration rule. On October 20, 2015, the CFPB convened its Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to review the...more

Energy & Environment Update - October 2015 #4

Energy and Climate Debate - Following a busy week for the Obama Administration during which it held several energy and climate events in anticipation of the international climate negotiations at the end of the year in...more

OMB Receives Final Medicare Parts A and B 60-Day Overpayment Rule from CMS

On October 21, 2015, the Office of Management and Budget (OMB) received the Medicare Parts A and B overpayment final rule from CMS which is the last phase before the rule is issued in the Federal Register. While the text of...more

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