April 7, 2021 PROGRAM ANNOUNCEMENT

COVID’S Constitutional Conundrum: Assessing Individual Rights in Public Health Emergencies

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Considerable legal challenges alleging infringements of constitutional rights have arisen against governments imposing social distancing or other restrictive measures to quell the COVID-19 pandemic. Courts assess these claims largely under two variant approaches. Consistent with constitutional re-balancing, judges weigh the application of rights against governments’ compelling needs to protect public health and safety in emergencies. Alternatively, a minority of courts temporarily set aside existing rights to effectuate emergency responses. Neither approach is legally sufficient to the extent they fail to account for the flexible nature of rights and freedoms in exigencies. Rather, courts should engage in guided assessments focused on the execution, efficacy, and purpose of public health emergency interventions as a constitutional prerogative instead of examining alleged infringements of rights framed outside emergency contexts.

James G. Hodge, Jr., JD, LLM, is the Peter Kiewit Foundation Professor of Law and Director of the Center for Public Health Law and Policy at the Sandra Day O’Connor College of Law, Arizona State University. Through scholarship, teaching, and projects, Professor Hodge delves into multiple areas of health law, public health law, global health law, ethics, and human rights. Since September 2010, he also serves as Director, Western Region Office, Network for Public Health Law (funded by the Robert Wood Johnson Foundation). To date The Western Region Office has assisted public health lawyers, officials, practitioners, students, and others across 11 states and nationally on over 4,400 claims. 

Jennifer L. Piatt, J.D., (“Jen”) is a Research Scholar with the Center for Public Health Law and Policy at the Sandra Day O’Connor College of Law, Arizona State University, and a Senior Attorney with the Network for Public Health Law’s Western Region Office. Before joining ASU and the Network, Jen served as a law clerk to Vice Chief Justice Ann A. Scott Timmer of the Arizona Supreme Court and worked in private practice as a pharmacy regulatory attorney at Quarles & Brady LLP, in the firm’s Phoenix, Arizona office.

Due to the current social distancing recommendations, this program will be held via video conference through Cisco WebEx.  This program will be $10 for members and $15 for non-members.

To register, please visit our website https://azsha.org/, click upcoming programs, on the right you will see a button that says “Register for Next Program Pay Now”. This button will take you to a screen with multiple payment options. Please select your membership level. If you are a member, please login and proceed with the payment process. If you are not a member, you will have to create a username and password to continue with the payment process.

  Once you have registered online, you will receive a calendar invite containing the WebEx link. Please note, you don’t need to sign up for a WebEx Account to join a meeting.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1 hour of CLE credit, 0 hours of ethics, toward your annual requirement for the State Bar of Arizona.

March 22, 2021 PROGRAM ANNOUNCEMENT

ONC Information Blocking Q&A

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

The start date for applicability of the new No Information Blocking Rule (IBR) is around the corner. Starting on April 5, 2021, health care providers and certain other actors will be expected to comply with the IBR. The IBR prohibits actors from engaging in practices that are likely to interfere with the access, exchange or use of electronic health information (EHI), unless the practice is required by law, falls into a regulatory exception or the actor lacks the requisite level of intent to violate the law. Rachel Nelson and Cassie Weaver—policy analysts and attorneys from the Office of the National Coordinator (ONC) for Health Information Technology—will be available to answer your questions about IBR compliance during our March 22, 2021, virtual AzSHA luncheon (12pm-1pm). Please send your written questions in advance to Melissa Soliz, msoliz@cblawyers.com.   

Rachel Nelson, JD, MHA, currently leads a team focused on policy analysis and implementation within the Office of the National Coordinator for Health Information Technology (ONC). In 2000, she launched the federal phase of her career at the Centers for Medicare & Medicaid Services, where she led a wide variety of care quality improvement and value-based purchasing projects. Since joining ONC in 2008, she has served as senior advisor and team lead developing and implementing policy and programs to advance the capability and use of interoperable health IT to help providers deliver safe, high-value care. Rachel holds a Master of Health Administration (MHA) from Ohio University, a Juris Doctor (JD) from the Georgetown University Law Center, and an active law license in the State of Maryland. 

Cassie Weaver is an attorney and policy analyst in the Regulatory and Policy Affairs Division of the Office of the National Coordinator for Health Information Technology (ONC). She specializes in all things information blocking: policy development, compliance, administration, and stakeholder outreach and education. Prior to joining ONC, she worked at the Environmental Protection Agency, and as an attorney representing indigent clients in southeast Michigan, her home state. She holds a JD from the University of Michigan of Law School and a BA in International Affairs from American University.

Due to the current social distancing recommendations, this program will be held via video conference through Cisco WebEx.  This program will be $10 for members and $15 for non-members.

To register, please visit our website https://azsha.org/, click upcoming programs, on the right you will see a button that says “Register for Next Program Pay Now”. This button will take you to a screen with multiple payment options. Please select your membership level. If you are a member, please login and proceed with the payment process. If you are not a member, you will have to create a username and password to continue with the payment process.

  Once you have registered online, you will receive a calendar invite containing the WebEx link. Please note, you don’t need to sign up for a WebEx Account to join a meeting.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1 hour of CLE credit, 0 hours of ethics, toward your annual requirement for the State Bar of Arizona.

February 12, 2021 PROGRAM ANNOUNCEMENT

“Year In Review”

Time: 10:00 am to 12:00 pm

Place: Cisco WebEx

Program summary:

Kristen Rosati, Bob Homchick, and Michael Schaff will present this year’s “Year in Review” on February 12. As usual, this will be a fast-paced overview of developments over the past year, including:

  • COVID-related legislation and regulatory waivers
  • COVID-related claims and developing immunity
  • COVID financial relief for providers and attendant risks
  • COVID and the rise of telemedicine
  • Health care reform: Significant Supreme Court decisions and status of the Affordable Care Act
  • The Regulatory Sprint to Coordinated Care and the final regulations from CMS and OIG
  • HIPAA and HIT developments: Information blocking and interoperability, proposed HIPAA regulations, and OCR enforcement
  • Transparency Rules and Reimbursement Trends
  • And more!

We hope you join us for a full two hours of CLE and irreverent observations.

Program logistics:

Due to the current social distancing recommendations, this program will be held via video conference on February 12, 2021 at 10:00 am through Cisco WebEx. This program will be $30 for members and $45 for non-members.

To register, please visit our website https://azsha.org/, click upcoming programs, on the right you will see a button that says “Register for Next Program Pay Now.” This button will take you to a screen with multiple payment options. Please select your membership level. If you are a 2021 member, please login and proceed with the payment process. If you are not a member, you will have to create a username and password to continue with the payment process.

Once you have registered online, you will receive a calendar invite containing the WebEx link. Please note, you don’t need to sign up for a WebEx Account to join a meeting.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 2 hours of CLE credit, 0 hours of ethics, toward your annual requirement for the State Bar of Arizona.

Speaker Bios:

Kristen Rosati, Partner, Coppersmith Brockelman PLC. Kristen is considered one of the nation’s leading “Big Data” and HIPAA compliance attorneys. She also has deep experience in data breaches, health information exchange, data sharing for research and clinical integration initiatives, clinical research compliance, and biobanking and genomic privacy. Kristen is a sought-after national speaker on these issues and has been active in national healthcare policy.

Kristen is a Past President of the American Health Law Association (AHLA).

Robert (Bob) Homchick, Partner, Davis Wright Tremaine. Bob is a partner in Davis Wright Tremaine’s national health care practice. As a health care transactional and regulatory lawyer, Bob counsels clients in areas such as physician self-referral (i.e., the federal Stark Law and its state law counterparts), regulatory compliance and fraud and abuse. Bob assists hospitals, physician organizations, ancillary services providers, and others in acquisitions, the formation and operation of joint ventures and in the development and implementation of new care delivery models, including accountable care organizations and other clinically integrated networks. His extensive experience includes defending providers in government audits, investigations, administrative proceedings and assisting providers with voluntary disclosures to federal and state enforcement agencies.

Michael F. Schaff, Shareholder, Wilentz, Goldman & Spitzer, P.A. Michael is co-chair of the Corporate and Health Law practice groups and a member of the Management Committee at Wilentz. In addition to a robust private practice spanning over 30 years, and having served as generate corporate counsel for many privately held companies, Michael brings to the table a multi-faceted understanding of the law, as well as a unique educational and professional background rooted in business, finance, and taxation. The depth of his experience enables Michael to assist his clients in evaluating both the legal and business ramifications of any transaction, contract, agreement or negotiation.

January 27, 2021 PROGRAM ANNOUNCEMENT

The Internationalization of Healthcare: Breaking Down Geographic Barriers

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Our speakers will be Brett Johnson and Claudia Stedman, Snell and Wilmer LLP.

Program summary:

COVID-19 has highlighted and enhanced the topic of internationalization of healthcare.  The topics that will be covered include, foreign medical practitioner licensure (and immigration) and telemedicine; patient informed consent as to treatment and the application of HIPAA to foreign practitioners and vendors; healthcare supply chain concerns (and bulk purchasing); off-shoring of back-office and billing services; international vaccine distribution plans; and related false claims and standard of care concerns.  In addition, a brief discussion concerning an enhanced international health law scope of practice as a subset of humanitarian law.

Program logistics:

Due to the current social distancing recommendations, this program will be held via video conference on January 27, 2021 at 12:00 p.m. through Cisco WebEx.  This program will be $10 for members and $15 for non-members.

To register, please visit our website https://azsha.org/, click upcoming programs, on the right you will see a button that says “Register for Next Program Pay Now”. This button will take you to a screen with multiple payment options. Please select your membership level. If you are a member, please login and proceed with the payment process. If you are not a member, you will have to create a username and password to continue with the payment process.

  Once you have registered online, you will receive a calendar invite containing the WebEx link. Please note, you don’t need to sign up for a WebEx Account to join a meeting.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1 hour of CLE credit, 0 hours of ethics, toward your annual requirement for the State Bar of Arizona.

Speaker Bios:

Brett Johnson is a partner at Snell and Wilmer LLP,  represents businesses in government relations, government contracting and international trade matters. His practice includes State and federal Constitutional law, government regulatory compliance, export, government contracting, political law, and health care matters, including professional liability defense and commercial litigation. Brett regularly represents parties and witnesses involved with governmental investigations, including election law, governmental ethics, export control, False Claims Act, Foreign Corrupt Practices Act, and government procurement compliance laws and regulations. He has experience handling internal investigations and compliance audits for clients on a wide range of matters. Brett also provides training to businesses and governmental agencies concerning compliance matters and the drafting of related corporate policies.

Claudia Stedman is an associate at Snell and Wilmer LLP, where her practice is focused in healthcare compliance, transactions and regulatory matters for healthcare organizations and physicians, including medical staff matters, HIPAA, Stark, ambulatory surgery centers, licensing board investigations, fraud and abuse, peer review, risk management, physician employment contracting, joint ventures, practice formation and separation, and litigation/arbitration.