July 23, 2015

Current Opportunities for Public Comment on Federal Data Collections and Other Statistical Issues

Editor’s Note: For information on why CMS is required to go through a rulemaking process for its Star Rating system for Part C and D Medicare, see CRE letter to CMS here.

From: Association of Public Data Users

Agency for Healthcare Research and Quality, HHS

 

 

08/03/2015 Nursing Home Survey on Patient Safety Culture Comparative Database Written comments should be submitted to: AHRQ’s OMB Desk Officer by fax at (202) 395-6974 (attention: AHRQ’s desk officer) or by email atOIRA_submission@omb.eop.gov (attention: AHRQ’s desk officer). Copies of the proposed collection plans, data collection instruments, and specific details on the estimated burden can be obtained from the AHRQ Reports Clearance Officer.

July 22, 2015

Rule to require electronic logging devices expected to proceed this month

From: Overdrive

A federal rule to mandate the use of electronic logging devices by truck operators is scheduled to make its next move toward implementation this month, according to a recent report issued by the Department of Transportation.

The DOT’s monthly regulatory update for July forecasts the rule to be sent from the DOT’s Office of the Secretary to the White House’s Office of Management and Budget — the last stop before its publication in the Federal Register — on July 21, next week.

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July 21, 2015

New Regulation Seeks to Combat Housing Segregation

From: RegBlog | Penn Program on Regulation

The Fair Housing Act of 1968 was enacted not only to ban outright racial discrimination, but to combat residential segregation—a goal which critics have argued still has yet to be achieved 50 years later. But the Obama Administration is seeking to change that. Last week, it announced a new regulation designed to eradicate racially segregated housing patterns and foster integration in communities across the nation.

July 14, 2015

White House races to put new anti-oil-and-gas proposals in place

From: Midland Reporter-Telegram

Jennifer A. Dlouhym, Houston Chronicle

WASHINGTON – A wave of federal regulation is set to hit the oil and gas industry in coming years, but the crests of the coming mandates are visible now, as administration officials race to draft and finalize proposals before President Barack Obama leaves office.

The measures range from minor to major, with some specifically targeting oil and gas activities and others affecting the sector because they apply economy-wide. In all cases, the government’s long regulatory timeline – with initial drafts and final rules subjected to public comment and interagency reviews – means work is under way now with an eye on finishing the job in 2016 or 2017.

July 13, 2015

GMOs in the Hotseat: White House to Overhaul Regulatory Framework on Biotechnology

From: The National Law Review

Joanne S. Hawana | Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C

Katherine Fox, project analyst at Mintz Levin, also contributed to this story.

Last week, the White House waded into the GMO regulatory fray with the Office of Science and Technology Policy’s (OSTP) announcement of a major overhaul of GMO regulation.

July 2, 2015

CMS Proposed 2016 Medicare Payment Rules in the Pipeline

From: ReedSmith | Health Industry Washington Watch

CMS recently sent several major proposed Medicare CY 2016 payment rules to the White House Office of Management and Budget (OMB) for regulatory clearance – the last step before publication in the Federal Register. Specifically, OMB is reviewing proposed rules to update the Medicare physician fee schedule, the hospital outpatient PPS/ambulatory surgical center payment update, and the home health PPS for CY 2016. The proposed rules are expected to be released this week.

DOL Proposes Massive Expansion in Overtime Pay

Editor’s Note: The White House Fact Sheet, “Middle Class Economics Rewarding Hard Work by Restoring Overtime Pay” is available here.

From: The National Law Review

Timothy M. McConville | Odin, Feldman & Pittleman, P.C.

The Department of Labor announced yesterday a proposed rule that would impose new overtime pay requirements on employers and affect 5 million white collar workers within the first year of the rule’s implementation. The proposal would guarantee overtime pay to most salaried workers earning less than an estimated $50,440 next year.

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June 30, 2015

High court blocks power plant regulations without cost estimates

Editor’s Note: Although the Opinion gives EPA reasonable discretion in deciding how to account for costs, EPA does not have discretion in ensuring that its cost accounting complies with OMB’s Data Quality requirements.

From: USA Today

 Richard Wolf

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The 5-4 ruling stops the Environmental Protection Agency, at least for now, from imposing new rules designed to reduce the amount of mercury and other toxins that pollute the nation’s air, at an unknown net cost to companies and consumers.

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June 26, 2015

Meetings between coal industry and White House draw attention

Editor’s Note: Cross-posted from CRE’s CCS Interactive Public Docket. For more information about CRE’s option for addressing EPA’s CCS regulatory plans through the Data Quality Act, see here.

From: Energy Examiner | Washington Examiner

An article earlier this week by Washington Examiner energy and environment Writer John Siciliano on meetings between the White House and the coal industry is getting some attention.

The story was about the National Mining Association pressing the Office of Management and Budget to change EPA’s technology standard for cutting emissions for new coal-fired power plants.

June 25, 2015

Will anti-money laundering regulations be extended to investment advisers?

Editor’s Note: For more information about AML regulations, see Unwarranted Deputization: Increased Delegation of Law Enforcement Duties to Financial Institutions Undermines American Competitiveness.

From: Lexology

Michael J. Gilbert and Ethan Solove – Dechert LLP

It has been more than a decade since the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) first proposed imposing anti-money laundering (“AML”) requirements on investment advisers. While FinCEN has yet to enact such a rule, the possibility of investment adviser AML regulations continues to lurk over the industry and a new proposed regulation may be in the works.

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