Not exact matches
Mr. Keller says the CFP Board hadn't been aware of the problem earlier because the board, which lacks the powers of a regulatory
agency, expects that CFPs «accurately
disclose their compensation, know our
rules and follow our
rules.»
These provisions strengthen protections for Federal employees who
disclose evidence of waste, fraud, or abuse, and modify
rules on the use of nondisclosure policies or agreements by government
agencies.
New
rules go into effect on May 14, 2018 that will require brokerage firms to
disclose the mark - up or mark - down on trades for corporate,
agency, and municipal bonds on trade confirmations for retail clients.1 These
rules, which have been nicknamed «the mark - up
rule,» were proposed by FINRA and the Municipal Securities Rulemaking Board (MSRB) and approved by the SEC in November 2016.
Canada Revenue
Agency has these tax forgiveness
rules in place to ensure that all of your assets are
disclosed, and that all debts are being treated equally.
FINRA's amended
Rule 2232 requires that when a retail customer buys or sells a corporate or
agency bond, the trade confirmation must
disclose the mark - up or mark - down the member firm received in the transaction when «the member also executes an offsetting principal trade in the same security on the same trading day, which in the aggregate meet [s] or exceed [s] the size of the customer -LSB-'s] trade.»
It was also concerned that the proposed
rule's minimum necessary standard could have been interpreted to Start Printed Page 82618prevent covered entities and their business partners from
disclosing appropriate and complete information to consumer reporting
agencies.
We reviewed the important purposes for which some commenters said government
agencies needed protected health information, and we believe that most of those needs can be met through the other categories of permitted uses and disclosures without authorization allowed under the final
rule, including provisions permitting covered entities to
disclose information (subject to certain limitations) to government
agencies for public health, health oversight, law enforcement, and otherwise as required by law.
In addition, in the final
rule, we add «licensure or disciplinary actions» to the list of oversight activities authorized by law for which covered entities may
disclose protected health information to health oversight
agencies.
We make this change in the regulation text of the final
rule to conform to the NPRM's definition of health oversight
agency and to reflect the full range of activities for which we intend to allow covered entities to
disclose protected health information to health oversight
agencies.
In the final
rule, we provide that where a business associate is required by law to act as a business associate to a covered entity, the covered entity may
disclose protected health information to the business associate to the extent necessary to comply with the legal mandate without Start Printed Page 82507meeting the requirement to have a business associate contract (or, in the case of government
agencies, a memorandum of understanding or law pertaining to the business associate) if it makes a good faith attempt the obtain satisfactory assurances required by this section and, if unable to do so, documents the attempt and the reasons that such assurances can not be obtained.
We reviewed the important purposes identified in the comments for government access to protected health information, and believe that the disclosures of protected health information that should appropriately be made without individuals» authorization can be achieved through the other disclosures provided for in the final
rule, including provisions permitting covered entities to
disclose information (subject to certain limitations) to government
agencies for public health, research, health oversight, law enforcement, and otherwise as required by law.
A covered entity is not in violation of the requirements of this
rule when a member of its workforce or a business associate of the covered entity
discloses protected health information to: (i) A health oversight
agency or public health authority authorized by law to investigate or otherwise oversee the relevant conduct or conditions of the covered entity; (ii) an appropriate health care accreditation organization; or (iii) an attorney, for the purpose of determining his or her legal options with respect to whistleblowing.
Furthermore, this commenter said, the proposed
rule could have been interpreted to apply to any information
disclosed to consumer reporting
agencies, thus creating the possibility for conflicts between the
rule's requirements and those of the Fair Credit Reporting Act.
Thus, to allow health oversight
agencies to conduct the activities that are central to their mission, the final
rule does not require covered entities to de-identify protected health information before
disclosing it to health oversight organizations.
As to the data collection activities of a public health
agency, the final
rule in § 164.512 (b) permits a covered entity to
disclose protected health information to public health authorities under specified circumstances, and permits public health
agencies that are also covered entities to use protected health information for these purposes.
Under the
rule's health oversight provision, covered entities can continue to
disclose protected health information to public
agencies for purposes such as analyzing the cost and quality of services provided by covered entities; evaluating the effectiveness of federal, state, and local public programs; examining trends in health insurance coverage of the population; and analyzing variations in access to health coverage among various segments of the population.
Response: The final
rule does not require covered entities to establish business associate contracts with health oversight
agencies when they
disclose protected health information to these
agencies for oversight purposes.
As in the NPRM, the final
rule provides that when a covered entity is also an oversight
agency, it is allowed to use protected health information in all cases in which it is allowed to
disclose such information for health oversight purposes.
«In addition to violating registration requirements, USI - Tech and the sales agents are violating State Securities Board
rules by failing to
disclose information investors would need to make an informed decision about whether to invest,» the
agency added.
The two
agencies have agreed to jointly enforce the Restoring Internet Freedom Order's transparency
rules, which require internet service providers to
disclose whether they're throttling or blocking legal content.
This relationship is controlled by the Ethics
Rule of USPAP, which prohibits an appraiser from discussing or
disclosing an appraisal or the results of an analysis of value, repair costs, replacement costs, or other valuation factors with anyone other than the lender client, government
agencies, and professional peer review committees.
Those
rules permit different
agency relationships as long as seller's agents and dual agents
disclose their
agency relationship up front.
The District Court
ruled that the requirement for owners and their agents to
disclose the presence of lead - based paint to prospective buyers and tenants went into effect on Oct. 28, 1995, the date the federal law became effective, rather than on Sept. 6, 1996, as provided in the
rules of the Department of Housing and Urban Development and the Environmental Protection
Agency.
This is important because one of the most significant challenges for a licensee in limited dual
agency, where there are two clients, is the conflict between the obligation to
disclose to each client all known material information respecting the real estate services, the real estate itself, and the trade in real estate [subsection 3 - 3 (f) of the
Rules], and the obligation to maintain the confidentiality of information respecting each client [subsection 3 - 3 (e) of the
Rules].
In order to comply with the disclosure requirements of section 5 - 10 of the
Rules, appropriate disclosure of the limited dual
agency relationship must be made at the first reasonable opportunity and, where possible, made before either client has
disclosed confidential information to the agent.