Mel Soliz Shares Insight on Reproductive Health Care Rule Compliance Changes with Healthcare Risk Management

The U.S. Department of Health and Human Services (HHS) recently updated the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to strengthen protections for reproductive health care information. The compliance deadline in December 23, 2024. Partner Mel Soliz was featured in a recent article for Healthcare Risk Management, discussing the complexity of implementing these regulations. A nationally recognized attorney in health data interoperability and privacy, Mel advises a wide range of organizations in designing and implementing health information technologies and big data sharing arrangements. Her expertise is sought by health systems, health plans, and tech companies. She is President of the Arizona Society of Healthcare Attorneys and is regularly lauded by Chambers USA, Best Lawyers, BTI Client Service All Stars, and Southwest Super Lawyers. Read the...

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Katherine Hyde & Mel Soliz Share Insights on Substance Use Disorder Record Changes with Healthcare Risk Management

The U.S. Department of Health and Human Services (HHS) recently modified regulations for substance use disorder (SUD) patient records (see 42 CFR Part 2 or Part 2), making it more important than ever for health care organizations and providers to ensure they’re prepared to meet the new requirements. In a recent article for Healthcare Risk Management, Katherine Hyde and Mel Soliz explain the changes and their impact. These revisions aim to better align the Part 2 regulations with the Health Insurance Portability and Accountability Act (HIPAA). The new Part 2 enforcement and penalty structure will include both criminal and civil penalties and will require Part 2 programs to report unauthorized uses and disclosures of SUD records in violation of Part 2 to individuals, HHS, and in...

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Marki Stewart Receives OIG Advisory Opinion on Physician Compensation

In a watershed opinion, attorney Marki Stewart obtained a favorable OIG Advisory Opinion for Phoenix Neurological Institute relating to physician compensation. The Advisory Opinion stands as a pivotal juncture outlining how employers may compensate their employed physicians without running afoul of the Anti-Kickback Statute. The OIG Advisory Opinion outlines two key points: Employers may provide a bonus to employed physicians that is based on the volume or value of business the physician generates for the employer; and Employers may include revenue received from multiple service lines, including ambulatory surgery center facility fees, in their employed physicians’ compensation. “This Advisory Opinion will serve as a catalyst for the adoption of fair, transparent, and legally sound physician compensation practices, thereby benefiting both healthcare providers and the patients they serve,” said...

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Karen Owens Reappointed to Arizona Society of Healthcare Attorneys Board of Directors

Karen Owens Weighs in on Transgender Patient Care, Governing Regulations, and Health Care Data at the Collaborative Compliance Conference

The federal government, state legislatures, and health care organizations are all closely focused on the scope of required and permitted health care for transgender patients. Health Care Law partner Karen Owens explored the rules around transgender patient care and how organizations can be more welcoming for transgender individuals at AAPC and the American Health Lawyers Association’s 2023 Collaborative Compliance Conference.   Presenting with Trent Stechshulte, VP and general counsel of I Am Boundless, Inc., Karen reviewed Section 1557 of the Affordable Care Act, the first federal antidiscrimination law directly addressing health care, and the series of regulatory efforts and court decisions since 2016 interpreting Section 1557. Karen also examined pending state legislation, some increasing protections for transgender patients, and others limiting access to medically necessary health...

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Karen Owens Reappointed to Arizona Society of Healthcare Attorneys Board of Directors

Karen Owens Explains The Joint Commission’s 3-Year Credential Cycle Decision

The Joint Commission recently extended the permitted timeframe for hospital medical staff credentialing from two to three years. Health Care Law partner Karen Owens broke down the change and the effects of a three-year credential cycle in her recent presentation at the Arizona Association of Medical Staff Services’(AAMSS) Fall Conference. Karen explained that 3-year credentialing can help streamline and enhance quality-assessment processes, analyzed the applicable regulations and interpretive guidelines, and highlighted a number of operational issues involved in three-year credentialing, including CMS’ position, the mechanics of switching over, and risk management considerations. Karen represents health care systems, hospitals, clinics, and other providers in matters of medical staff credentialing and peer review, medical staff structures, bylaws and confidentiality, as well as National Practitioner Data Bank, state professional board,...

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Kristen Rosati

Kristen Rosati Explains the Legal Issues for Health Care Organizations Using Web-tracking Tools

Regulators have initiated investigations and class-action lawsuits have been filed against some health care organizations regarding their use of web-tracking technologies in marketing practices. Kristen Rosati, in her presentation to the Nashville Healthcare Privacy Network, explained the data privacy issues posed by web-tracking tools and the possible legal repercussions of using them. Following the STAT Health News investigation into healthcare organizations’ web-tracking technology, Kristen explained that these tools have been under increased scrutiny. During the presentation, she highlighted the implications for compliance with HIPAA, Federal Trade Commission regulations, and state data privacy laws. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and speaker on big data and HIPAA compliance. She brings extensive knowledge related to data privacy and...

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