Compliance Alert – December 2024

Final Rules

Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

The Drug Enforcement Administration (DEA) in concert with the Department of Health and Human Services (HHS) is issuing a third extension of telemedicine flexibilities for the prescribing of controlled medications, through December 31, 2025.

Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services.

Affected Area: UMC

Effective Date: 1/1/2025

Setting and Adjusting Patent Fees During Fiscal Year 2025

The United States Patent and Trademark Office (USPTO) sets or adjusts patent fees as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The fee adjustments are needed to provide the USPTO with sufficient aggregate revenue to recover the aggregate estimated costs of patent operations in future years (based on assumptions and estimates found in the agency’s Fiscal Year 2025 Congressional Justification (FY 2025 Budget), including implementing the USPTO 2022-2026 Strategic Plan (Strategic Plan).

Federal Agency: United States Patent and Trademark Office, Department of Commerce

Affected Area: Patent and Trademark Office

Effective Date: 1/19/2025

Personal Protective Equipment in Construction

OSHA is finalizing a revision to its personal protective equipment standard for construction to explicitly require that the equipment must fit properly.

Federal Agency: Department of Labor

Affected Area: Campus Development, Facilities and Grounds

Effective Date: 1/13/2025


Proposed Rules

Solicitation of Proposals for New and Modified Safe Harbors and Special Fraud Alerts

Section 1128B(b) of the Act (42 U.S.C. 1320a-7b(b)), the Federal anti-kickback statute, provides for criminal penalties for whoever knowingly and willfully offers, pays, solicits, or receives remuneration to induce or reward, among other things, referrals for or purchases of items or services reimbursable under any of the Federal health care programs, as defined in section 1128B(f) of the Act (42 U.S.C. 1320a-7b(f)). The offense is classified as a felony and is punishable by a fine of up to $100,000 and imprisonment for up to 10 years. Violations of the Federal anti-kickback statute also may result in the imposition of civil monetary penalties under section 1128A(a)(7) of the Act (42 U.S.C. 1320a-7a(a)(7)), program exclusion under section 1128(b)(7) of the Act (42 U.S.C. 1320a-7(b)(7)), and liability under the False Claims Act (31 U.S.C. 3729-33).

Federal Agency: Office of Inspector General (OIG), Department of Health and Human Services (HHS or the Department)

Affected Area: UMC

Comments Due: 1/27/2025

Terminal Disclaimer Practice To Obviate Nonstatutory Double Patenting; Withdrawal

The USPTO is withdrawing the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on May 10, 2024, that proposes to add a new requirement for an acceptable terminal disclaimer filed to obviate (that is, overcome) non-statutory double patenting.

Federal Agency: United States Patent and Trademark Office, Department of Commerce

Affected Area: Office of Patents and Trademarks

Effective Date: 12/4/2024

Airline Passenger Rights

The U.S. Department of Transportation (Department or DOT) seeks public comment on a rulemaking to ensure consumers experiencing significant flight disruptions are taken care of and protected from financial losses. Specifically, the Department is considering imposing requirements on airlines to provide affected passengers cash compensation, free rebooking, and amenities such as meals, lodging for overnight delays, and transportation to and from lodging. The Department also seeks comment on whether some protections should be provided during any type of disruption, how to determine whether a cancellation or delay is within an airline’s control, and how to ensure that passengers receive the correct information from the airline in a timely manner. Additionally, the Department solicits comments on how to ensure that the process for passengers to receive compensation and amenities is clear, simple, straightforward, and prompt, and whether to require certain aspects of the process to be automatic. Further, the Department seeks comment on whether it should require airlines to offer free rebooking on the same or partner airline to a passenger with a disability and others in the same travel party when one or more accessibility feature needed by the person with disability is unavailable.

Federal Agency: Department of Transportation

Affected Area: Campus

Comments Due: 2/10/2025


Notices

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions-Subpart K-Cash Management

The Department of Education (the Department) amended the Student Assistance General Provisions regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement the changes made to the Student Assistance General Provisions regulations Subpart K Cash Management 668.164 Disbursing funds. These regulations are intended to ensure students and parents have convenient access to their title IV, HEA program funds, do not incur unreasonable and uncommon financial account fees on these title IV funds and are not led to believe that they must open a particular financial account to receive their Federal student aid. This request is for an extension of the information collection for the requirements that are contained in the regulations 668.164 Disbursing funds. The regulations require that an institution that makes direct payments to a student or parent by electronic funds transfer (EFT) and that chooses to enter into an arrangement described in 668.164(e) or (f), including an institution that uses a third-party servicer to make those payments, must establish a selection process under which the student chooses one of several options for receiving those title IV, HEA fund payments. There has been no change to the regulations.

Federal Agency: United States Patent and Trademark Office, Department of Commerce

Affected Area: Financial Aid, Student Account Services

Comments Due: 12/23/2024


Items of Interest

Federal Judge Strikes Down Biden’s Overtime Expansion

The order means that tens of thousands of college and university staffers are no longer guaranteed either a raise or overtime benefits.

Why Higher Ed is Losing Student Trust – and How to Reverse That Trend

When higher education programs are more aligned with real-world job market needs, the programs better position graduates for professional success while also helping the U.S. economy in the process.

Students are graduating — often with debt — and with degrees that don’t lead to good jobs. Employers, meanwhile, struggle to find qualified candidates with the skill set they desire. It’s no wonder the percentage of U.S. adults who have little or no confidence in higher education has never been higher.

How Colleges Can Curb Students’ Alcohol Abuse

Around one in five college students engages in binge drinking, according to national data. Universities can provide individual and environmental-level interventions to reduce alcohol-related problems.

College Completion Rates Trending Up

Prior dual-enrollment experience made students more likely to finish their credential within six years of starting college, according to a new report from the National Student Clearinghouse Research Center.

Why more colleges are seeking Hispanic-serving institution status

The coveted designation unlocks federal grants and signals a commitment to underrepresented students, though institutions face challenges getting there.

Michigan Regents Face Tough Questions as They Consider DEI Changes

Debate about diversity, equity and inclusion programs suggests a new degree of worry and proactive preparation as Donald Trump returns to the White House.

House Republicans Aim to Pass Higher Ed Overhaul

The wide-ranging legislation likely won’t move forward in the Senate but serves as a marker for Republicans’ higher ed priorities in the next Congress.

Why more colleges are seeking Hispanic-serving institution status

The coveted designation unlocks federal grants and signals a commitment to underrepresented students, though institutions face challenges getting there.

Michigan Regents Face Tough Questions as They Consider DEI Changes

Debate about diversity, equity and inclusion programs suggests a new degree of worry and proactive preparation as Donald Trump returns to the White House.

House Republicans Aim to Pass Higher Ed Overhaul

The wide-ranging legislation likely won’t move forward in the Senate but serves as a marker for Republicans’ higher ed priorities in the next Congress.


Policies

 

Posting Date Department Contact Name Effective Date Summary
11/20/2024 Human Resources Susan Norton

 

Pregnant Employee Policy 11/20/2024

 

Revised Policy: Updated the policy to comply with the finalized Pregnant Worker’s Fairness Act (PWFA).
12/4/2024 Environmental Health and Safety (EHS) Darren Moss Fire Extinguisher Policy 12/4/2024 Revised Policy: Updated policy to reflect current processes more accurately.
12/4/2024 Human Resources Susan Norton Staff Dispute Resolution Policy 12/4/2024 Revised Policy: Added clarifying language.
12/10/2024 Student Account Services Kristy Pritchett Revenue Generating Policy 12/10/2024 Revised Policy: Scope changed to be more inclusive of the entities that utilize UA merchant services.
12/10/2024

 

CCHS Karen Burgess

 

Student Health Insurance 12/10/2024 Revised Policy: Policy language was updated to codify in policy the requirement that students under UA’s direct F-1 and J-1 visa sponsorships are to be automatically enrolled in a comprehensive insurance plan unless eligible for a waiver.
12/10/2024 CCHS Karen Burgess Health Requirement for Registration 12/10/2024 Revised Policy: The prior version of the policy was no longer consistent with current recommendation and guidelines from public health and college health organizations.