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.

“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.

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.

What Does Interoperability Mean?

Understanding Compliance with CMS’s Interoperability and Patient Access Final Rule

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Our speakers will be Susan Russo,AHCCCS, and Melissa Soliz,Coppersmith Brockelman.

Program summary:

The compliance date for the CMS Patient Access API and Provider API requirements is coming soon—January 1, 2021. CMS is exercising its enforcement discretion only until July 1, 2021. And the compliance deadlines for the CMS Conditions of Participation e-notification requirements and payer-to-payer exchange are not far behind. It is imperative that health plans and health care providers understand not only the legal requirements and who must comply, but the challenges with implementing them in compliance with federal privacy laws and practical limitations (such as technology and administrative processes).

Our speakers will cover the CMS final rule requirements for Patient Access API, Provider Directory API, payer-to-payer exchanges, and CMS CoP e-notification requirements. These requirements will be discussed against the backdrop of also complying with federal privacy and patient access law (such as HIPAA, 42 C.F.R. Part 2 and the new ONC Information Blocking Rule) and practical implementation concerns. Specifically, we will cover:

  • The Patient Access API standards, including what must be made available to patients and when;
  • To whom and in what manner covered plans are required to make the Patient Access API available, and the privacy and security concerns this implicates;
  • The Provider API standards, including the use of public facing APIs;
  • When and what level of participation is required in payer-to-payer exchanges, including what health information must be shared and how existing health information exchange (HIE) infrastructures might be leveraged to meet this requirement;
  • What, when and to whom e-notifications must be sent under the new CoPs; and
  • Ancillary topics, such as the requirement for states to send MMA file data daily, interaction with the CIOX decision on limited patient-directed third party disclosures, and Information Blocking compliance.

Program logistics:

Due to the current social distancing recommendations, this program will be held via video conference on November 20, 2020 at 12:00 p.m. through Cisco WebEx.  This program will be $5 for members and $10 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. If you are a member, but you paid your annual dues via check rather than online, please reach out to Mackenzie Mayfield to create an account for you, which will allow you to select the membership rate. 

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:

Susan Russo, is an in-house attorney at the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s state Medicaid agency. Her work includes drafting language for contracts with health plans, supporting contract oversight, reviewing and advising on new state and federal laws, and representing AHCCCS in administrative hearings and settlement discussions. She has experience in government reimbursement, electronic health records, whistleblower investigations, and health care risk adjustment. Prior to joining AHCCCS, Susan was a consultant in healthcare payer disputes and investigations and clerked on the Arizona Court of Appeals. 

Melissa Soliz is a partner with Coppersmith Brockelman, PLC in Phoenix, Arizona. Her regulatory health law practice focuses on compliance with data privacy and patient access laws (such as HIPAA, 42 C.F.R. Part 2, the ONC Information Blocking Rule, the CMS Interoperability and Patient Access Rule, and state laws), compliance with opioid treatment laws and regulations, health information exchange (HIE), behavioral health/substance use disorder law issues, data breaches and OCR investigations, as well as clinical research compliance and contracting. Melissa regularly speaks in local and national forums on these topics and has been active in state and federal policy making on data privacy and HIE issues.

Organ Donation in Arizona

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Our speakers will be Sara Pace Jones, Donor Network of Arizona Vice President, Development and Referral Services and Greg Harris, Lewis Roca Rothgerber Christie LLP.

Program summary:

The program will address key elements of Organ Donation in Arizona and the Arizona Uniform Anatomical Gift Act.  The presentation will focus on the Donor Registry, the relationship between being an organ donor and advanced directives, and common questions and issues relating to the donation process.

Program logistics:

Due to the current social distancing recommendations, this program will be held via video conference on October 22, 2020 at 12:00 p.m. through Cisco WebEx.  This program will be $5 for members and $10 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. If you are a member, but you paid your annual dues via check rather than online, please reach out to Mackenzie Mayfield to create an account for you, which will allow you to select the membership rate. 

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:

Sara Pace Jones, is the Vice President Development and Referral Services for Donor Network of Arizona, a non-profit organ, tissue and eye recovery organization whose mission is to make the most of life through organ and tissue donation. In this role, she is responsible for strategic leadership of professional partner relations, business intelligence, marketing and communications, public affairs, and the donation referral center. Donor Network of Arizona works with all hospitals in Arizona to facilitate the gift of life.

Sara has worked in the field of organ and tissue donation for over 20-years. During this time, she has been involved in national efforts to improve organ donation and transplantation including serving as faculty and co-chair for the Learning Congress of the Organ and Tissue Donation Community of Practice, the chairperson of the national donor registry collaborative and Board Chair for Donate Life America.

Greg Harris practice includes administrative and regulatory matters as well as government relations.  He is a partner at Lewis Roca Rothgerber Christie LLP with experience with representing the Donor Network since 1998.  Greg is an adjunct professor at the Sandra Day O’Connor College of Law at ASU.  He teaches state administrative law and government relations.

Before joining Lewis Roca, Greg worked at the Arizona Attorney General’s Office, where he represented a number of agencies, boards or commissions.  In addition, he worked as a trial attorney at the Commodity Futures Trading Commission.  He also worked for the Arizona Department of Insurance on enforcement, rule and legislative matters and as its administrative law judge. 

2020 Legislative and Regulatory Update

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Our speakers will be Greg Ensell, Liz Lorenz, Debbie Johnston and Greg Harris.

Program summary:

This program will focus on legislative changes made this year by the Arizona Legislature.  In addition, the panel will discuss the state and federal response to COVID-19 with a focus on the framework for the issuance of executive and administrative orders and regulatory waivers.

Program logistics:

Due to the current social distancing recommendations, this program will be held via video conference on September 15, 2020 at 12:00 p.m. through Cisco WebEx.  This program will be $5 for members and $10 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. If you are a member, but you paid your annual dues via check rather than online, please reach out to Mackenzie Mayfield to create an account for you, which will allow you to select the membership rate. 

  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:

Greg Ensell

Greg Ensell is Vice President, Government Relations with the Arizona Hospital and Healthcare Association (AzHHA). In that capacity, he leads the organization’s lobbying and political engagement efforts. For more than twenty years, Mr. Ensell has held public affairs and government relations positions for organizations including, Cox Communications, the Arizona State Senate, and the Phoenix Chamber of Commerce.

Elizabeth B. Lorenz (Liz)

Elizabeth B. Lorenz (Liz) the Director of Policy at the Arizona Hospital and Healthcare Association.  In this role, Liz analyzes and tracks policy developments and projected impacts on Arizona’s hospitals with a focus on federal legislation, regulations, and guidance as well as state regulations and policy changes. Prior to joining AzHHA, Liz served as Assistant Director for the Office of Intergovernmental Relations at AHCCCS. In that capacity, Liz managed the agency’s relations with federal and state policymakers, CMS, Native American tribes, and oversaw external communications.  Previously, Liz was professional staff to the U.S. House of Representatives Ways and Means Committee during the Affordable Care Act debate and was a subject matter expert for the Committee on a variety of health care issues.  Liz has also worked in the private sector as an attorney in both New York City and Washington, D.C.  Liz has an undergraduate degree from Vanderbilt University and a J.D. from the American University Washington College of Law.

Debbie Johnston

Debbie Johnston is the Executive Vice President for the Arizona Hospital and Healthcare Association (AzHHA). She has been with the association for 16 years, where she has served as the Director of Regulatory Affairs and Senior Vice President of Policy Development. In her current role, she provides leadership and strategic direction overseeing the development of AzHHA’s state and federal policy priorities and supervising the Policy and Advocacy Team. She also provides executive leadership for the Arizona Coalition for Healthcare Emergency Response, a program administered by AzHHA under a federal grant.

Before joining AzHHA, Ms. Johnston worked at the Arizona State Senate as Director of Research Staff and lead staff for the Appropriations and Commerce Committees. She is a graduate of Loyola Marymount University and Arizona State University.

Greg Harris

Greg Harris practice includes administrative and regulatory matters as well as government relations.  He is a partner at Lewis Roca Rothgerber Christie LLP with experience with agency practices and administrative matters.  Since joining Lewis Roca Rothgerber Christie, he served on two state licensing boards, including the State Board of Nursing.  He also served on the Board of Directors of the National Council of State Boards of Nursing.  He also served as a commissioner on the Commission of Massage Therapy Accreditation.  Greg is an adjunct professor at the Sandra Day O’Connor College of Law at ASU.  He teaches state administrative law and government relations.

Before joining Lewis Roca, Greg worked at the Arizona Attorney General’s Office, where he represented a number of agencies, boards or commissions.  In addition, he worked as a trial attorney at the Commodity Futures Trading Commission.  He also worked for the Arizona Department of Insurance on enforcement, rule and legislative matters and as its administrative law judge. 

Information Blocking: What Health Care Providers Need to Know

Time: 12:00 noon to 1:00 pm

Place: Cisco WebEx

Our speaker is Melissa (Mel) Soliz. Mel is a partner at Coppersmith Brockelman, PLC. She focuses her practice on compliance with data privacy and access laws in the health care space.  

On May 1, 2020, the Office of the National Coordinator for Health Information Technology (ONC) published the Cures Act Final Rule on interoperability, information blocking and the ONC health IT certification program. The deadline for compliance with the prohibition on information blocking component of the Final Rule is November 2, 2020. Mel Soliz will cover what health care providers need to know about information blocking, including what practices might implicate the prohibition on information blocking, the potential penalties and enforcement structure, and what health care providers will need to do to qualify for an information blocking safe harbor.  

Due to the current social distancing recommendations, this program will be held via video conference on June 25, 2020 at 12:00 p.m. through Cisco WebEx.  This program will be free of charge.  

Please RSVP in advance by e-mail to mmayfield@cblawyers.com. Once you email Mackenzie, she will send you the 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 Bio:

Mel Soliz is a dedicated and goal-oriented attorney who practices in the area of regulatory health law. She assists her clients, which range from innovative start-up companies to large healthcare organizations, in structuring real world policies, programs and agreements to ensure that their healthcare practices are compliant with state and federal laws, while maximizing client goals. Mel’s practice focuses on HIPAA and 42 C.F.R. Part 2 compliance (the federal Confidentiality of Substance Use Disorder Patient Record regulations), compliance with opioid treatment laws and regulations, health information exchange (including compliance with new information blocking rules), data breaches and OCR investigations, as well as clinical research compliance and contracting.

Date: February 13, 2020

Time: 3:00 pm to 5:00 p.m.

Place: Phoenix Country Club

2901 N. 7th Street, Phoenix, AZ 85014

Back by popular demand, we are privileged to present the Year in Review from the American Health Lawyers Association, a tour through all of the major developments in health care law for the past year. Our speakers are Jack Schroder, Kristen Rosati and Robert Homchick.

Jack Schroder, Jr., Retired Partner, Alston & Bird, LLP, Atlanta, Georgia: Mr. Schroder’s practice encompassed all aspects of health care law, including regulatory compliance, credential/peer review, defense of government enforcement actions, certificates of need and legislative advocacy. He served as general counsel for the Georgia Hospital Association for more than 30 years. He has drafted a significant number of health care statutes, including one of the first “no code” laws in the country. He is author of Credentialing Strategies for a Changing Environment, part of BNA’s Health Law & Business Series. He is a frequent lecturer on programs sponsored by the American Health Lawyers Association and the American Bar Association.

Kristen Rosati, Partner, Coppersmith Brockelman PLC: Kristen has deep experience in all things “Big Data,” including HIPAA compliance and data breaches, health information exchange, data sharing for research and clinical integration initiatives, clinical research compliance, clinical trials contracting, and biobanking and genomic privacy. Kristen Rosati is a Past President of the American Health Lawyers Association (AHLA). She currently serves on the planning committee for the AHLA Academic Medical Centers and Teaching Hospitals Institute and the planning committee for the AHLA Artificial Intelligence Convener Session. Kristen has been listed in Best Lawyers in America for health care since 2007 and was Best Lawyers’ 2017 and 2014 Phoenix Health Care Law “Lawyer of the Year.” She was chosen as one of Outstanding Business Women in Arizona in 2017 and one of the 50 Most Influential Women in Arizona Business in 2013, and received the Health Care Leadership Award for Legal Advocate of the Year in 2014. She is also recognized in Super Lawyers and Chambers for health care.

Robert G. Homchick, Partner, Davis Wright Tremaine LLP:  As a healthcare regulatory attorney, Bob Homchick 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 also regularly represents hospitals, physicians, ancillary services providers, and others in a wide variety of transactional matters including mergers, acquisitions and affiliations, and the formation and operation of joint ventures. His extensive experience includes the development and implementation of compliance programs, defending providers in government audits, investigations, administrative proceedings and litigation, including qui tam False Claims Act lawsuits.

This program will be held on February 13, 2020 at 3:00 pm at the Phoenix, Country Club, 2901 N. 7th Street, Phoenix. With a Happy Hour and hors d’ouevres  – $60 for AzSHA members and law students/$75 for non-members.

Please RSVP in advance by e-mail to mmayfield@cblawyers.com. You may pay at the door or send your check in advance (payable to Arizona Society of Health Care Attorneys) to Mackenzie Mayfield, Coppersmith Brockelman 2800 N. Central Ave. Ste. 1900 Phoenix, AZ 85004. Whether or not you pay in advance, you must RSVP prior to the program.

This Program will be eligible for 2 hours of CLE credit.

Register early. Enrollment is limited. I will attend the February 13, 2020 Program.

Place: Lewis Roca Rothgerber Christie at Collier Center, 201 East Washington Street, 3rd Floor

Date: December 17, 2019

Time: 12:00 noon to 1:00 pm

Our speakers will be Tim Mechlinski and Ben Runkle.

Join Tim Mechlinski and Ben Runkle for a discussion about the use of statistical sampling and extrapolation in government investigations, payer audits, and false claims act lawsuits. Tim and Ben will walk through the steps for selecting a statistical sample and calculating a valid statistical estimate.  Along the way, they will highlight common sampling and extrapolation errors, and identify documents to request from the party offering the statistical estimate. 

This program will be held on December 17, 2019 at 12:00 p.m. at Lewis Roca Rothgerber Christie’s office in Phoenix. Lunch will be served – $10 for AzSHA paid members and $15 for non-members. Law students may attend for free.

Please RSVP in advance by e-mail to mmayfield@cblawyers.com. You may pay at the door or send your check in advance (payable to Arizona Society of Healthcare Attorneys) to Mackenzie Mayfield, Coppersmith Brockelman, 2800 N. Central Ave. Ste. 1900, Phoenix, Arizona 85004. Whether or not you pay in advance, you must RSVP prior to the program.

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 toward your annual CLE requirement for the State Bar of Arizona.

call in information:

To access by phone, use the following dial-in number:

1-844-621-3956

Access code: 920 156 976

If you are calling in, PLEASE put your telephone on mute.

If you have trouble calling in, please contact Sabrina Spellman at sspellman@lrrc.com (send message high priority).

For CLE credits and materials for this program, please contact Mackenzie Mayfield .

OFFICE Location – https://www.lrrc.com/phoenix#map

Take I-10W to Washington Street. Exit and turn left at Washington Street for 2 miles and follow it to Collier Center (Bank of America building), located on the south side of Washington Street. Turn left into the parking garage just before 2nd Street. Collier Center is on the southeast corner of 2nd Street and Washington.

Take the garage elevators up to the 2nd floor (Collier Center Lobby), then take the far bank of elevators (floors 2-14) to Lewis Roca Rothgerber Christie’s 3rd floor for the Arizona Society of Healthcare Attorneys Meeting.

Speaker Bio:

Tim Mechlinski is a seasoned healthcare management consultant with a background in social science research. Areas of expertise include, but are not limited to: competitive bid response development for statistical sampling and overpayment estimation for FWA auditing: Medicaid managed care RFPs, including TANF/CHIP, LTSS, I/DD, and child welfare lines of business; research and white paper development; program evaluation, survey design, and data analysis; data validation and program integrity review for behavioral health; and strategic planning.

Ben Runkle is an attorney at Gammage & Burnham whose practice includes assisting healthcare providers in a variety of regulatory and other matters.  Prior to joining the firm, Ben worked in state government representing the Arizona Health Care Cost Containment System and the Division of Developmental Disabilities.  In both the public and private sectors, Ben has advocated for clients in cases involving the use of statistical sampling and extrapolation. 

Time: 12:00 noon to 1:00 pm

Place: Lewis Roca Rothgerber Christie at Collier Center

201 East Washington Street, 3rd Floor

Our speakers will be Bryan Bailey, Allison Davis and Paul Giancola.

A discussion of the business of out-of-network  billing and how it works, including the benefits, strategies, balance billing  and risks  along with  the significant  lawsuits filed by insurers against providers alleging improper out-of-network billing practices. We will also discuss what are so- called “surprise medical bills” involving out-of-network providers and the response of Arizona contained in “Out-of-Network Claim Dispute Resolution“, ARS 20-3111 et. seq.), other states and Congress.

This program will be held on November 12, 2019 at 12:00 p.m. at Lewis Roca Rothgerber Christie’s office in Phoenix. Lunch will be served – $10 for AzSHA paid members and $15 for non-members. Law students may attend for free.

Please RSVP in advance by e-mail to mmayfield@cblawyers.com. You may pay at the door or send your check in advance (payable to Arizona Society of Healthcare Attorneys) to Mackenzie Mayfield, Coppersmith Brockelman, 2800 N. Central Ave. Ste. 1900, Phoenix, Arizona 85004. Whether or not you pay in advance, you must RSVP prior to the program.

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 toward your annual CLE requirement for the State Bar of Arizona.

call in information:

To access by phone, use the following dial-in number:

1-844-621-3956

Access code: 920 156 976

If you are calling in, PLEASE put your telephone on mute.

If you have trouble calling in, please contact Sabrina Spellman at sspellman@lrrc.com (send message high priority).

For CLE credits and materials for this program, please contact Mackenzie Mayfield .

OFFICE Location – https://www.lrrc.com/phoenix#map

Take I-10W to Washington Street. Exit and turn left at Washington Street for 2 miles and follow it to Collier Center (Bank of America building), located on the south side of Washington Street. Turn left into the parking garage just before 2nd Street. Collier Center is on the southeast corner of 2nd Street and Washington.

Take the garage elevators up to the 2nd floor (Collier Center Lobby), then take the far bank of elevators (floors 2-14) to Lewis Roca Rothgerber Christie’s 3rd floor for the Arizona Society of Healthcare Attorneys Meeting.

Speaker Bio:

 Bryan Bailey has a broad-based practice in health care law and business transactions.  He represents individuals and companies in the health care and life sciences industries regarding transactional, regulatory and operational issues. He has extensive experience helping clients structure, negotiate and implement effective and compliant relationships with their business partners, including hospital/physician joint ventures, management and administrative service arrangements, professional service agreements and other business relationships. He regularly advises clients regarding federal and state health care laws and regulations, including the Anti-Kickback laws, the Stark Law, HIPAA, Federal and State licensing and certification requirements and a myriad of other health care laws. Bryan is one of a handful of attorneys in Arizona with substantial experience advising health care providers regarding Medicare and Medicaid (AHCCCS) reimbursement laws, including representing providers involved in governmental and commercial payor audits, investigations and appeals. He also represents providers in government investigations and enforcement actions related to licensing and health care claims.

Allison Davis is an associate at Snell & Wilmer, LLP. Her practice is focused on health care and insurance transactions and compliance. Her practice in that space includes the sale and acquisition of physician groups and other entities,  corporate structuring and reorganization, licensing, and regulatory compliance. Allison also advises private and public companies on general corporate matters including mergers and acquisitions and SEC reporting.  Allison is a graduate of the University of Iowa College of Law and holds a Masters in Health Care Administration from the University of Iowa.

Paul Giancola is a partner at Snell & Wilmer, LLP.  His practice is focused on healthcare regulatory compliance, transactions such as joint ventures in ambulatory surgery centers and labs, practice acquisitions and separations, hospital peer review, and government regulatory investigations and self-reporting for billing fraud, HIPAA, and  licensing violations. He teaches Health Care Fraud at the ASU Law School, and lectures on legal topics at the University of Arizona-Phoenix College of Medicine.