Reporting Requirements

News & Analysis as of

New CMS Proposed Rule Provides Who/What/When for Clinical Laboratory Reporting Requirements Starting January 1, 2016

Clinical laboratories will see significant changes to their Medicare payments for clinical diagnostic laboratory tests (CDLTs) starting January 1, 2017, but the basis for new payment rates will come from “applicable data”...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

CMS Proposes Major Changes to Medicare Clinical Lab Test Payment Policy

On October 1, 2015, the Centers for Medicare & Medicaid Services (CMS) published its long-awaited proposed rule to base Medicare clinical laboratory fee schedule (CLFS) reimbursement on private insurance payment amounts...more

New Guidance on BE-180 Reporting Requirements for Certain Financial Services Providers

Recent guidance from the U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) reveals that the BEA will now require certain U.S. financial services providers (including investment advisers, funds and their...more

SEC Proposes Sweeping Changes to Liquidity Risk Management Practices Used by Mutual Funds and ETFs

The U.S. Securities and Exchange Commission (SEC or Commission) on September 22, 2015 proposed a rule that would require all registered open-end funds and open-end exchange-traded funds (ETFs), other than money market funds...more

Third Penalty in Two Months Against a Minority Investor Again Signals Increased FTC Enforcement of the H-S-R Act

For the third time in less than two months, the U.S. Federal Trade Commission (FTC) has announced an enforcement action against a minority investor who failed to comply with the Hart-Scott-Rodino (“H-S-R”) Act notification...more

Hitachi Settles SEC FCPA Case for $19M

On September 28, the SEC filed a settled complaint in Washington, D.C. federal court against Tokyo-based Hitachi, Ltd. for alleged FCPA books and records and internal controls offenses. According to the SEC’s Complaint, the...more

Financial Services Quarterly Report - Third Quarter 2015: Developments in the Luxembourg Financial Sector

The Luxembourg government has brought to Parliament a bill of law transposing UCITS V into Luxembourg’s UCI Law and AIFM Law. Further, the Luxembourg CSSF published a new version of its AIFMD Frequently Asked Questions, among...more

The Modern Slavery Act 2015

The UK’s Modern Slavery Act is an effort by the government to end all forms of labour exploitation. The UK’s Modern Slavery Act 2015 aims to prevent all forms of labour exploitation and increase transparency of labour...more

Macroeconomic Surveys from the BEA: A Primer for Asset Managers and the Financial Services Industry

For many U.S. asset managers and other financial services providers, the recent BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10) and the upcoming BE-180 Benchmark Survey of Financial Services Transactions...more

Final Forms and Instructions for ACA Information Reporting Released

The IRS recently released the final forms and instructions for information reporting under the Affordable Care Act (“ACA”). The final forms and instructions will be used for reporting in 2016 concerning 2015 coverage. The...more

CFTC’s Division of Market Oversight Provides Additional Time to Comply with Electronic Reporting Requirements in the OCR Final...

On September 28, the U.S. Commodity Futures Trading Commission’s (the “Commission”) Division of Market Oversight issued a no-action letter that provides reporting parties additional time to comply with certain reporting...more

EBA Report on Asset Encumbrance: September 2015

On October 1, 2015, the European Banking Authority (EBA) published its first report analyzing asset encumbrance in EU banks. The aim of the report is to monitor the extent of and the changes in the levels of asset encumbrance...more

PHMSA Announces Proposed Pipeline Safety Regulations

On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more

Recent Amendments to the Workers Compensation Act give WorkSafeBC Enhanced Compliance Powers

Recent changes to the Workers Compensation Act in British Columbia (the Act) significantly enhance WorkSafeBC’s ability to enforce occupational health and safety compliance. These include...more

Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more

CMS Proposes Lab Data Collection Requirements to Update Fee Schedule

On September 25, 2015, CMS released proposed rulemaking that would extensively revise payment and reporting requirements for clinical diagnostic laboratory tests (CDLTs), as paid on the Clinical Laboratory Fee Schedule...more

Orrick's Financial Industry Week in Review

SEC Proposes to Amend Rules Governing Its Administrative Proceedings - On September 24, the U.S. Securities and Exchange Commission (the "SEC") proposed to amend rules governing its administrative proceedings. Key...more

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 12 of 24): Deconstructing Form 1095-C, Parts II...

This series is devoted principally to the reporting requirements imposed by Internal Revenue Code §§ 6055 and 6056 as added by §§ 1502 and 1514 of the Affordable Care Act (ACA), respectively. The former reports offers of...more

Department of Defense Issues New Cybersecurity Rules for Defense Agencies That Use Contractors and Cloud Services to Hold...

The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the...more

Bridging the Week - October 2015

ESMA Publishes Final Technical Standards for MiFID II - The European Securities and Markets Authority issued the equivalent of final rules (known as “technical standards”) to implement three cornerstones of the European...more

PRA amends CRD4 reporting rules

PRA has published amendments to the fourth Capital Requirements Directive (CRD4) reporting rules. Following feedback in September to its occasional consultation paper PRA has removed the administrative fee for late reporting....more

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

PRA updates skilled persons statement

PRA has updated its supervisory statement that sets out PRA policy and expectations regarding the appointment of, and reporting powers held by, skilled persons. It says the update gives clarity on the use of skilled persons...more

PRA makes Rulebook corrections

PRA has published an administration instrument intending to make changes to the PRA Rulebook. These changes will not affect PRA policy as they provide updates and clarity. The corrections coming into place have the following...more

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