July 28, 2023

Legal Battle Over CA Children’s Online Privacy Law, States Enacting AI Laws & More

Court Battle Over Children’s Online Privacy Law Begins in CA Hearings began last week in a legal challenge to California’s Age-Appropriate Design Code law , which is aimed at protecting children’s online privacy. The lawsuit, brought by tech industry group NetChoice, alleges the law violates the U.S. Constitution’s Commerce Clause. ( PLURIBUS NEWS ) State Lawmakers Making Headway on AI At...

July 28, 2023

WA’s Healthcare Facility Geofence Ban, Congressional PBM Reforms & More

WA Healthcare Facility Geofence Ban Takes Effect A new law ( HB 1155 ) took effect last week in Washington that, among other things, makes it illegal to set up a geofence around a healthcare facility. Supporters of the Washington My Health My Data Act say the ban will protect individuals seeking abortions and transgender care. Connecticut, Nevada and New York have passed similar laws that haven’t taken effect...

July 28, 2023

Data Privacy Landscape Continues to Change as States Pursue More Laws

Halfway through 2023, data privacy regulation remains a high priority for state lawmakers and business leaders alike. Here’s an update on the rapidly shifting, balkanized landscape of data privacy policies. Online Businesses Sue to Stop Arkansas Social Media Law In late June, NetChoice, a trade group representing online businesses like Google, Meta, Yahoo! and TikTok, filed a lawsuit against the state of Arkansas...

July 07, 2023

Drones Drawing State Lawmakers’ Attention, Security Risks Posed by EV Chargers & More

States Focus on Drone Use As drones are becoming increasingly ubiquitous and sophisticated, state governments are coming up with new ways to use them. New York Gov. Kathy Hochul (D) announced in May that the state would be adding 10 drones—including one with thermal imaging technology—to its fleet of 8 already deployed for monitoring state beaches for sharks. Washington’s Department of Fish and...

July 07, 2023

Precipitous Rise in Maternal Death Rates, Healthcare Implications of Affirmative Action Ruling & More

U.S. Maternal Death Rates More Than Doubled in Recent Decades The maternal death rate in the United States more than doubled between 1999 and 2019—from 12.7 per 100,000 births to 32.2 per 100,000 births—according to a new study in the Journal of the American Medical Association. Black mothers died at the highest rates during that period, 26.7 per 100,000 in 1999 and 55.4 per 100,000 in 2019, with the highest...

July 06, 2023

States May Need to Scramble to Address Possible Homeowners Insurance Crisis

It’s not hyperbole to say that the United States may very well be on the brink of a homeowners insurance crisis, at least in its coastal areas. Consider what’s happened just this year: State Farm and Allstate , two of the nation's largest insurance companies, have stopped selling property insurance to new customers in California. Farmers , another huge insurer, announced it will no longer offer...

June 30, 2023

New Abortion Restrictions Could Trigger Medical Malpractice Suits, MO Responds to Cancer Drug Shortage & More

Abortion-Related Medical Malpractice Suits Ahead? Doctors in states with new abortion restrictions who refuse to end the pregnancies of women whose health is at risk, out of fear of criminal prosecution, could soon be facing a different legal risk: being sued for medical malpractice for failing to provide proper care. “We will absolutely see medical malpractice cases emerge,” said Diana Nordlund, an emergency...

June 30, 2023

Possible AI Chip Export Restrictions, Legal Challenge to AR Social Media Law & More

Biden Administration Mulling AI Chip Export Restrictions The Biden administration is considering restrictions on the export of advanced chips used for artificial intelligence to China. Administration officials have expressed concerns that China could use the AI chips—made by companies like Advanced Micro Devices, Intel and Nvidia—to guide its weapons, conduct cyber warfare and help track dissidents and minority...

June 30, 2023

Paid Leave Continues to Be Big Issue for State Lawmakers Post-Pandemic

During the COVID-19 pandemic, paid leave emerged as a critical policy issue in state legislatures all over the country. Now, with the pandemic retreating in the rearview mirror, the paid leave landscape is changing, but the issue remains just as popular with state lawmakers nationwide. While specific paid leave statutes related to COVID are sunsetting, lawmakers in at least 44 states have introduced more than 300 measures...

June 23, 2023

Tougher Federal Rules for Banks, Consumer Protections for Alternative Home Financing & More

Stricter Rules Could be Coming for Banks with Over $100B in Assets The heads of the Federal Deposit Insurance Corporation and the Federal Reserve said last week that bank regulators are considering applying a set of tougher capital rules to banks that have over $100 billion in assets. In a speech FDIC Chairman Martin Gruenberg said the turmoil in the banking sector this spring, including the failure of three banks,...

June 23, 2023

Tougher Federal Rules for Banks, Consumer Protections for Alternative Home Financing & More

Stricter Rules Could be Coming for Banks with Over $100B in Assets The heads of the Federal Deposit Insurance Corporation and the Federal Reserve said last week that bank regulators are considering applying a set of tougher capital rules to banks that have over $100 billion in assets. In a speech FDIC Chairman Martin Gruenberg said the trouble in the banking sector this spring, including the failure of three banks,...

June 23, 2023

FTC’s Lawsuit against Amazon, OR’s Effort to Lure Semiconductor Makers & More

FTC Sues Amazon over ‘Dark’ Prime Practices The Federal Trade Commission filed a lawsuit against Amazon, alleging the online retailer tricked millions of consumers into signing up for its Prime subscription program and made it difficult for them to cancel it. The agency said Amazon used deceptive design techniques known as dark patterns to get customers to enroll in Prime. (CNBC) OR Aims to Attract Semiconductor...

June 23, 2023

CA Gov’s Push for $5B More in Mental Healthcare, NY Bill Blocking Reporting of Medical Debt & More

CA Gov Wants $5B More for Mental Healthcare California Gov. Gavin Newsom (D) announced his support for two bills that would add treatment beds for homeless people suffering from mental illness or substance abuse ( SB 326 ) and pay for that additional treatment with a $4.68 billion bond measure ( AB 531 ) that would go before voters in the state’s spring primary election on March 5. In 2004 California voters...

June 23, 2023

Precision Problem with Pay Transparency Laws, ME Paid Leave Bill & More

Pay Transparency Laws Followed More Loosely in Some Industries Thanks to pay transparency laws enacted in states like California, Colorado, Illinois and Washington, as well as in a handful of cities like New York, many job advertisements now include a pay range. But some employers have skirted such requirements by disclosing salary ranges that aren’t specific to the position being offered. Current job listings...

June 23, 2023

State Lawmakers Continue to Grapple with Gender Pay Gap

For more than half a century, we’ve been talking about equal pay for women. Sixty years ago, the U.S. Congress passed the Equal Pay Act of 1963 , which required employers to pay men and women equally for equal work. (For more on this see Equal Pay Act: Key Compliance Issues and Equal Pay Act Video from LexisNexis® Practical Guidance .) And yet, the gender pay gap persists. A study this year by Payscale found...

June 16, 2023

AI Regulation Advancing in EU, TX’s $1.4B Effort to Lure Microchip Industry & More

EU Lawmakers Advance Landmark AI Rules The European Union’s Parliament approved the AI Act, which could become the first comprehensive regulations for the artificial intelligence industry in the West. Among other things, the act would require generative AI systems like ChatGPT to undergo a review before being commercially released and ban real-time facial recognition. The act has a long way to go before becoming...

June 16, 2023

More States Pass Health Data Privacy Bills, Big Post-Pandemic Medicaid Disenrollments & More

CT, NV Legislatures Pass Health Data Privacy Measures This month the legislatures of Connecticut ( SB 3 ) and Nevada ( SB 370 ) have both passed and sent to their respective governors measures aimed at protecting the privacy of consumer health data, including information associated with abortion and transgender procedures. New York’s Senate passed similar legislation ( SB 158 ) this month, but it failed to win...

June 16, 2023

Another Insurer Aims to Lower Its Risk, Continuing Surge in Cyber Insurance Premiums & More

Nationwide Follows Other Insurers in Looking to Reduce Risk Nationwide announced last week that it would begin taking actions “to mitigate risk and manage the personal and commercial lines portfolios in the current environment.” “Strong headwinds brought on by the economic environment, catastrophe weather events, and the impact of inflation continue to impact the entire insurance industry,”...

June 15, 2023

States Explore Array of Proposals to Bolster Healthcare Workforces

Healthcare, generally, is considered a growing industry in the United States. Yet headlines constantly scream about a healthcare workforce crisis—not enough nurses, doctors or home-health workers to meet the nation’s demands. How can that be? America faces a shortage of healthcare workers for a number of reasons, not the least of which is tough working conditions that lead to burnout or outright discourage...

June 02, 2023

Protection for Purdue Pharma Owners in Opioid Bankruptcy, Spike in Health Insurance Claim Denials & More

Court Allows Purdue Pharma to Shield Sacklers in Opioid Bankruptcy The New York-based 2nd U.S. Circuit Court of Appeals ruled that members of the Sackler family who own bankrupt Oxycontin manufacturer Purdue Pharma could be shielded from current and future civil claims by giving up control of the company and contributing up to $6 billion to a trust for paying states, hospitals and victims of opioid addiction who have...

June 02, 2023

TX on Verge of Becoming 6th State to Enact Comprehensive Data Privacy Law, Existential Threat of AI & More

TX Legislature Passes Comprehensive Consumer Data Privacy Law Texas was poised last week to become the sixth state to enact a comprehensive consumer data privacy bill, after state lawmakers approved the Texas Data Privacy and Security Act ( HB 4 ). If signed by Gov. Greg Abbott (R), the measure, which is similar to the one passed in Virginia in 2021 ( HB 2307 ), would go into effect on July 1, 2024. (LEXOLOGY) Tech...

June 01, 2023

Battle Over Abortion Pill Spreads from Courthouses to Statehouses

It’d be understandable if you’re confused about the legal status of the abortion pill these days. A lot has happened with the drug mifepristone in the last few months. In early April, U.S. District Judge Matthew Kacsmaryk of Texas – an appointee of President Trump – ruled that the Food and Drug Administration (FDA) had improperly approved mifepristone in 2000 and said it should be pulled from...

May 19, 2023

Tech Platforms’ Liability Shield Survives SCOTUS Tests, TikTok Ban Becomes Law in MT & More

SCOTUS Refuses to Hold Tech Platforms Liable for Users’ Posts In a pair of decisions issued last week, the U.S. Supreme Court declined to hold social media platforms accountable for the posts of their users. In one case, Gonzalez v. Google , the court refused to “address the application” of Section 230 of the Communications Decency Act, the federal law shielding platforms like Facebook, Google and...

May 19, 2023

State Mental Healthcare Access Legislation, Insurer Crackdown on Weight Loss Drugs & More

State Lawmakers Seeking to Broaden Access to Mental Healthcare With over 1 in 5 U.S. adults and youths (13-18 years old) experiencing mental illness and cost keeping many of them from being able to access mental healthcare, state lawmakers are trying various approaches to make that care more affordable. Last year Georgia ( HB 1013 ) and Massachusetts ( SB 3097 ) stepped up oversight of federal mental health parity requirements...

May 18, 2023

Red-State, Blue-State Divide on ESG Legislation

Environmental, social and corporate governance, ESG, has taken off in recent years. And in the process, it has broadened the ideological divide between liberal-leaning states and conservative ones, with lawmakers in the former embracing ESG principles and those in the latter rejecting such ideas. The politicization of the issue has placed companies targeted by the ESG legislation in a difficult position and complicated...