First of all, Chris is correct. The material I quoted was from the preamble
to the final rule rather than the rule itself.
Nevertheless, I think that if and where loopholes exist they will be
exploited. Furthermore, only time will tell if these final rules do in fact
encourage/achieve (!?) widespread implementation by the compliance date.
Methinks not. So, the real proof of the pudding will be in what happens
after the compliance date and how/when/if enforcement takes place.
Should be a fun roller coaster ride!
Rachel
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