Proposed Regulation

News & Analysis as of

CMS Issues Proposed Rule Raising Hospice Provider Payments in FY 2016

On April 30, 2015, CMS issued a proposed rule that would give hospices serving Medicare beneficiaries an estimated 1.3 percent ($200 million) increase in their FY 2016 payments. Comments on the proposed rule are due by June...more

SEC Proposes New Pay-for-Performance Rules

On April 29, the Securities and Exchange Commission proposed new rules to require annual disclosure in proxy and information statements under the Securities Exchange Act of 1934 regarding the relationship between executive...more

CMS Issues Meaningful Use Stage 3 Proposed Rule

The Centers for Medicare and Medicaid Services (CMS) recently published a proposed rule (Proposed Rule) implementing Stage 3 of the Medicare and Medicaid electronic health record (EHR) Incentive Programs (Meaningful Use...more

SEC Proposes Pay Versus Performance Disclosure Rules

On Wednesday, April 29, 2015, the SEC proposed rules on the disclosure of executive pay versus company performance. The proposed rules implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act,...more

SEC Proposes Long-Awaited Pay for Performance Rules

On April 29, 2015, in a 3-2 vote of commissioners cast along party lines, the Securities and Exchange Commission (the “SEC”) proposed rules to implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer...more

New Guidance On Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially...more

Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California

State Water Resources Control Board Cites Need to Avoid Potential “Catastrophic Impacts” - The State Water Resources Control Board released revisions to its draft emergency regulations to restrict overall potable urban...more

SEC Proposes “Pay-Versus-Performance” Disclosure Rules

On April 29, the Securities and Exchange Commission (SEC) proposed new “pay-versus-performance” disclosure rules to implement one of the last two remaining executive compensation requirements mandated by the Dodd-Frank Wall...more

GSA’s Proposed Transactional Data Reporting Rule Has Significant Implications for Contractors with GSA Contract Vehicles

On March 4, 2015, as part of an effort to reform its procurement process, the General Services Administration ("GSA") issued a proposed rule that would require GSA contract holders to report certain transactional data related...more

Over 4,400 comments on FAA’s proposed drone framework; Amazon wants less restrictions and more room for technological advancement

The comments period closed on April 24, 2015, for the Federal Aviation Administration’s proposed drone framework and regulations, and there were over 4,400 comments submitted. Among those opposed to the limited scope of the...more

Proposed MLA expansion cleared to move forward

Last week, the House Armed Services Committee removed language from the draft Fiscal Year 2016 National Defense Authorization Act that would have delayed the finalization of rules proposed by the Department of Defense that...more

Executive Compensation Alert: SEC Proposes Pay Versus Performance Rules

The Securities and Exchange Commission (the “SEC”) has proposed new rules required by Section 953(a) of the Dodd-Frank Act that would require companies to disclose the relationship between compensation actually paid to...more

Meaningful Use Stage 3 Proposed Rule: Security Risk Analysis and Patient Access

Where HIPAA and Meaningful Use intersect, does the newly released Meaningful Use Stage 3 proposed rule provide greater clarity or create more confusion? As discussed in our earlier advisory, the Meaningful Use Stage 3...more

EEOC Proposes Rules for Employer Wellness Programs

In response to the increasing cost of providing group health coverage, employers have begun encouraging their employees to participate in wellness programs with the goal of improving overall employee health and reducing...more

IRS Proposes PFIC Regulations That Could Characterize Many Foreign Insurance Companies as PFICs

A mere 28 years after Congress enacted the tax rules governing passive foreign investment companies (“PFICs”), the Treasury Department and Internal Revenue Service have for the first time issued proposed regulations that...more

Weekly Update Newsletter - May 2015

SMALL BUSINESS ADMINISTRATION - SBA Issues Proposed Rule to Amend Women-Owned Small Business Federal Contract Program - The U.S. Small Business Administration (SBA) issued a proposed rule to amend its...more

EEOC Catches Up With the Wellness Wave

The Equal Employment Opportunity Commission (“EEOC”) has issued a proposed rule finally illuminating whether and to what extent incentives can be offered for participation in a wellness program that involves...more

An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?

The U.S. Equal Employment Opportunity Commission recently issued proposed regulations addressing how the Americans with Disabilities Act applies to corporate wellness programs. These proposed regulations are intended to...more

HHS Issues Proposed Rule for Stage 3 of EHR Incentive Program

On March 30, 2015, the Department of Health and Human Services (“HHS”) published its proposed rule for Stage 3 the Electronic Health Record Incentive Program (the “EHR Program”). The EHR Program is a three stage program that...more

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

SEC Proposes New Pay versus Performance Disclosure Rules

On April 29, 2015, the United States Securities and Exchange Commission (SEC) voted three-to-two to propose new rules that would prescribe new mandatory Pay versus Performance disclosure. The new disclosure would include...more

SEC Proposes Rules to Require Disclosure Regarding the Relationship Between Executive Pay and Company Financial Performance

On April 29, the Securities and Exchange Commission published proposed rules that would require companies to disclose the relationship between executive compensation and the financial performance of the company, as well as...more

Massachusetts AG Issues Proposed Regulations Concerning Earned Sick Time

On November 4, 2014, Massachusetts voters passed a ballot initiative requiring that all employees be entitled to earn and use up to 40 hours of earned sick time in a calendar year. There were significant ambiguities in the...more

SEC Proposes Title VII Regulatory Framework for Non-US Dealers Transacting in the United States

The U.S. Securities and Exchange Commission (the “SEC”) reproposed rules addressing the application of certain requirements under Title VII of the Dodd-Frank Act (the “Reproposal”) to non-U.S. persons dealing in...more

IRS Publishes Proposed Regulations for Hedge Fund Reinsurance Arrangements

In April 24’s Federal Register, the IRS released proposed regulations (REG-108214-15) to restrict when a foreign insurance company’s income can be excluded as passive income by giving a more strict definition for the “active...more

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