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Focusing exclusively on legal issues related to educational institutions, Annie centers her practice on considerations tied to compliance with Title IV Federal Student Aid and student funding requirements. She advises higher education clients on regulatory, consumer disclosure, accreditation, governance, risk management, nondiscrimination (including Title IX), and operations issues confronted in college and university environments. Annie regularly works closely with institutions responding to regulatory actions brought by the U.S. Department of Education, including Federal Student Aid program reviews, and she performs in-depth compliance audits, policy reviews and training.

A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with “nearly every school and university in the United States”) participate in the practice known as affirmative action, giving preference to women and non-Asian minorities rather than candidates with more impressive academic accomplishments.

The Accreditation Council for Graduate Medical Education (ACGME), which accredits graduate medical residency and fellowship programs, will require programs to offer six weeks of paid leave for residents/fellows, beginning on the first day of their ACGME-accredited programs. ACGME’s amended Institutional Requirements (effective July 1, 2022) require Sponsoring Institutions (those that administer ACGME-accredited residency/fellowship programs) to have policies for resident/fellow leaves that:

Since last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule) implemented by the Office of the National Coordinator for Health Information Technology (ONC) as part of the 21st Century Cures Act.  Recently, Education clients have been asking, “We’re a university – does the Information Blocking rule apply to our student health center?”  We discuss the answer to that question, along with practice tips, in this blog post.

Update on 12.9.19: On December 4th, 2019, the governor of Illinois signed into law an amendment to the Act allowing employer action based on drug testing  when the testing is part of a reasonable, non-discriminatory drug policy, including any pre-employment testing policies. We will discuss the Act and implications of the amendment as well as the other evolving cannabis legal issues for healthcare employers and educators in our December 10, 2019 webinar.

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In less than two months the Illinois Cannabis Regulation and Tax Act (the “Act”) will come into effect. On January 1, 2020 the Act will legalize adult-use retail marijuana across the state and bring with it a hefty regulatory framework. As part of that framework, employers—particularly hospitals, academic medical centers and other employers subject to complex, overlapping and sometimes contradictory workplace regulations—will now be prohibited from firing employees for off-duty marijuana use, requiring an overhaul of most employers’ drug policies.

After years of insisting that nursing colleges separately incorporate from related hospitals and hospital systems, causing some schools to relinquish Medicare “pass-through” funding,  the Higher Learning Commission (HLC) has changed course. Today, HLC issued a Separate Incorporation Policy Change.

Removing language interpreted by prior HLC leadership as requiring separate incorporation, the revised policy substitutes a requirement that HLC-accredited institutions have a “primary purpose” of providing higher education. More specifically, the revised policy (HLC’s “Jurisdiction” policy, INST.B.10.010):