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Agency Rulemaking Highlights
Notable ActionsTruth in Lending (Regulation Z)
The Consumer Financial Protection Bureau (CFPB) is proposing an interpretive rule to help market participants in the paycheck advance marketplace determine when existing requirements under federal law are triggered. The proposed interpretive rule would also address costs, such as expedited delivery fees, that are often connected to these types of credit extensions. Comments due August 30.
Reconsiderations of Value of Residential Real Estate Valuations
The Federal Reserve, CFPB, Federal Deposit Insurance Corporation, National Credit Union Administration, and the Office of the Comptroller of the Currency issued final interagency guidance with regard to deficient residential real estate valuations, describing how financial institutions can incorporate reconsiderations of value processes and controls into established risk management functions. The guidance also provides financial institutions with examples of procedures and policies that can identify, address, and mitigate the risk of discrimination affecting residential real estate values. Final as of July 26.
Cybersecurity Labeling for Internet of Things
The Federal Communications Commission (FCC) issued a final rule establishing a voluntary cybersecurity labeling program for wireless consumer Internet of Things (IoT) products. This program will provide a recognizable FCC IoT label that includes the U.S. Cyber Trust Mark and a QR code that links to a registry with detailed cybersecurity information. Effective August 29.
Changes to the physician fee schedule;
Payment system updates for Medicare Part B payment policies;
Updates to drugs and biological products paid under Part B;
Codifying and proposing policies for the Medicare Prescription Drug Inflation Rebate Program;
Expansion of colorectal cancer screening; and
Medicare coverage of opioid use disorder services provided by opioid treatment programs.
Comments due September 9.
Eyeglass Rule
The Federal Trade Commission issued a final rule implementing amendments to the Ophthalmic Practice Rules. These amendments require that prescribing eye care practitioners obtain a signed confirmation that the patient received their eyeglass prescription and maintain that confirmation for at least three years. The rule also clarifies that presenting proof of insurance coverage will be deemed a payment, for purposes of determining when a prescription must be provided. Effective September 24.
Standards for Accessible Medical Diagnostic Equipment
The Access Board issued a final rule removing the sunset provisions from the Board’s existing accessibility standards for low height specifications for medical diagnostic equipment. The Board replaced the standard with a final specification for the low transfer height of medical equipment used in supine, prone, side-lying, and seated positions. Effective September 23.
Passport Application
The Department of State issued a final rule offering flexibility in the passport application process for parents or legal guardians of children under age 16. Rather than requiring that a non-applying parent or guardian provide a notarized statement of consent to the issuance of a passport to a minor, the final rule will now allow a non-applying parent or guardian to sign the statement of consent before a passport specialist. The agency expects this alternative to provide flexibility and eliminate added burden, time, and cost on a non-applying parent or guardian. Effective August 26.
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