Regulatory Tracker
Living document. Updated by the Regulatory Intelligence agent (see big-nerd-idea/CLAUDE.md). All entries require human review before acting on them. Not a substitute for attorney opinion on securities law or state MTL decisions.
Last agent update: not yet run
Last human review: not yet reviewed
MPowerUP / MPWR
FinCEN — Money Services Business Registration
| Item |
Status |
Source |
Date |
| FinCEN Form 107 required |
[CONFIRMED — needs action] |
31 C.F.R. § 1022.380 |
Per MPWR Feasibility doc |
| Filing deadline |
180 days from first MPWR operation |
FinCEN guidance |
— |
| BNI classification |
Both administrator (issues MPWR) and exchanger (converts to USD) |
FinCEN FIN-2013-G001 |
— |
| Status |
Not filed |
— |
— |
Required action before Phase 3.5 launch.
Securities Law — Howey Test Analysis
| Item |
Status |
Source |
Date |
| Securities attorney opinion |
[NOT STARTED] |
Required |
— |
| Howey factor: investment of money |
Likely yes (participants earn, invest 30% into fund) |
— |
— |
| Howey factor: common enterprise |
Likely yes (Community Fund is shared) |
— |
— |
| Howey factor: expectation of profit |
Mixed — earned through own labor (away from security) but Community Fund yield creates profit expectation (toward security) |
— |
— |
| Howey factor: efforts of others |
Mixed — fund managed by BNI LLC (toward security) |
— |
— |
| Current assessment |
Leans toward security status on Phase B (on-chain, yield-bearing); Phase A (non-transferable, no third-party exchange) lower risk |
MPWR Feasibility doc |
— |
Securities attorney review is mandatory before any public disclosure of the Community Fund yield mechanism.
State Money Transmitter Licenses
| Item |
Status |
Source |
Date |
| MMTMA states (31) |
Uniform act adopted; BaaS provider covers |
MMTMA 2023 |
— |
| Independent state regimes (19+) |
Require state-by-state analysis |
— |
— |
| Recommended approach |
Use licensed BaaS provider (Stripe Issuing, Sila) to avoid obtaining individual state licenses |
MPWR Feasibility doc |
— |
| BaaS provider selected |
[NOT STARTED] |
— |
— |
| Synapse warning |
DO NOT USE — bankrupt April 2024, froze accounts |
Public record |
2024 |
IRS — Digital Asset Reporting
| Item |
Status |
Source |
Date |
| Form 1099-DA effective date |
Tax year 2025 (reporting in 2026) |
IRS Notice 2024-57 |
2024 |
| MPWR broker classification |
BNI likely qualifies as "broker" under new rules |
IRS |
— |
| 1099-NEC for earned income |
Required when participant earns > $600/year in MPWR (FMV basis) |
IRS Notice 2014-21 |
— |
| Fair market value methodology |
[NOT DOCUMENTED] — BNI needs a defensible FMV method before any redemption |
— |
— |
SSI / SNAP Benefits Impact
| Item |
Status |
Source |
Date |
| SSI earned income formula |
Benefit reduced $0.50 for every $1 earned above $85/month disregard |
SSA POMS SI 00820 |
— |
| SNAP earned income deduction |
20% deduction on earned income; net impact less severe than SSI |
7 C.F.R. § 273.9 |
— |
| ABLE account exemption |
Up to $18,000/year of earned income can be sheltered in ABLE account (state-dependent) |
ABLE Act 2014, IRS Rev. Proc. 2022-40 |
— |
| ABLE account eligibility |
Disability onset before age 26 required; not all MPWR participants will qualify |
ABLE Act |
— |
| WIPA partnership |
[NOT STARTED — blocked on funding] |
— |
— |
Critical path: WIPA partnership must be established before Phase 3.5 development begins. See Red Team Analysis — Challenge 2.
rlivn
HIPAA-Adjacent Considerations
| Item |
Status |
Source |
Date |
| Is rlivn a Covered Entity? |
[NEEDS ANALYSIS] — rlivn receives health-adjacent data (medications, dementia symptoms) but is not a healthcare provider; HIPAA CE status depends on business model |
HIPAA 45 C.F.R. § 160.103 |
— |
| Is rlivn a Business Associate? |
If rlivn handles PHI on behalf of a healthcare provider (e.g., care agency), BA agreement required |
HIPAA |
— |
| Recommended approach |
Structure as BAA-compliant from Day 1; use HIPAA-eligible cloud infrastructure even if not strictly required |
— |
— |
| Item |
Status |
Source |
Date |
| Legal capacity to consent |
Dementia patients may lack capacity to provide informed consent; guardian/proxy consent required |
State law varies |
— |
| AI agent persona disclosure |
FTC guidance on AI disclosure in consumer contexts; rlivn must disclose AI nature of companion |
FTC Act Section 5 |
— |
| State guardian/proxy laws |
Must comply with state-specific laws for each market entered |
State-by-state |
— |
| Status |
[NOT STARTED] |
— |
— |
CMS / Medicare Rules for Care Coordination Tech
| Item |
Status |
Source |
Date |
| Remote Patient Monitoring (RPM) billing |
rlivn could enable RPM billing for caregivers if it meets CMS criteria (CPT 99453/99454/99457) |
CMS |
— |
| AI-generated clinical documentation |
CMS has not yet issued guidance on AI-generated care notes; risk area |
— |
— |
| Status |
[NOT STARTED — rlivn not yet scaffolded] |
— |
— |
Update Log
| Date |
Agent/Human |
Change |
| 2026-05-06 |
Human (Kevin) |
Initial tracker created from MPWR Research & Feasibility doc |