What You Should Know about the New Stark Regulations: Overview of Significant Changes, Group Compensation and Value Based Arrangements
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
This presentation will explore the much needed and overdue changes to the Stark Law that became effective in January 2021. Long criticized as being too complex, overly burdensome, and inconsistent with the Law’s original intent, even the Law’s namesake, Representative Pete Stark, called for its repeal. In updating the regulations, CMS has endeavored to reduce the regulatory burden on providers and modernize a healthcare system which has traditionally focused on a fee-for-service model. In addition to providing an overview of some of the more significant changes, additions and clarifications that affect all health care providers impacted by the Stark Law, the presentation will address specific changes affecting Group Practices and how profits can be shared among physicians, as well as how the rules can be used to support value-based arrangements.
Paul Giancola. Paul Giancola’s practice is focused on regulatory matters, compliance, and transactions (joint ventures,, management agreements, contacts, ASCs) for healthcare organizations and physicians, including medical staff matters, HIPAA, Stark, licensing board and government investigations, and fraud and abuse. He teaches Healthcare Fraud at the ASU Sandra Day O’Connor College of Law.
Ben Runkle. Benjamin’s practice includes the representation of healthcare providers and organizations in a variety of matters. Prior to joining the legal profession, Ben worked as a firefighter/paramedic and police officer. His experience includes the following: Representation of behavioral health providers, physicians, dentists, and other healthcare professionals in government investigations and enforcement actions; Representation of physicians and dentists in administrative and licensing proceedings; Management of administrative appeals including provider-payor disputes, imposition of civil penalties and assessments, overpayment and recoupment matters, and service authorization denials; Representation of clients throughout all phases of criminal prosecution and appeal; As an Assistant Attorney General, prosecuted fraud and represented the Department of Economic Security in litigation and policy development; Advised the Arizona Health Care Cost Containment System, Arizona’s Medicaid agency, on litigation strategy, rule-making, provider registration, policy development, and compliance matters investigated by the Office of the Inspector General; and Representation of clients with respect to investigations by the Department of Health and Human Services, Office of Civil Rights.
Lauren Weinzweig is a partner at The Nelson Law Group, PLLC where she assists health care facilities, medical groups and other health care practitioners address many of the operational, regulatory and transactional issues facing the health care industry. Her practice has an emphasis on health care transactions, compliance with fraud and abuse laws, professional board investigation defense and health information privacy. She has been recognized in Best Lawyers in America for Health Care Law since 2015 and has been honored to serve as a member of the Board of the Arizona Society of Healthcare Attorneys since 2013. When not working, Lauren enjoys spending time with her family and dogs in Munds Park, Arizona.
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.
August 17, 2021 PROGRAM ANNOUNCEMENT
Section 1557 of the Affordable Care Act: What Health Care Lawyers Need to Know
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
Our August 17 program takes up Section 1557 of the Affordable Care Act and its regulations. Section 1557 was the first health care-specific anti-discrimination provision in federal law. Regulations promulgated in 2016 established the provision’s broad coverage, including requirements that health care entities provide signage and documents in various languages and a declaration that the term “sex discrimination” in the law extended to protect transgender individuals. The Trump Administration made changing the Section 1557 regulations a priority, narrowing the entities subject to the law, limiting the language requirements, removing transgender protections, and focusing on religious discrimination. Since then, the courts, including the U.S. Supreme Court, have weighed in on aspects of the law, and now the Biden Administration is actively addressing the scope of the regulation through enforcement positions and proposed revision to the regulations. Meanwhile, healthcare entities have pursued their own course, continuing to incorporate anti-discrimination provisions into their policies and culture.
This program will address the history, current status and course forward for Section 1557 and its regulations, including discussion of major court decisions and practical realities for providers.
Our speakers are:
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 click here, or click on the button to the right that says “Register for Next Program Pay Now”. This button will take you to a screen with multiple payment options. 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.
July 28, 2021 PROGRAM ANNOUNCEMENT
The Untenable Dilemma – The Department of Justice and Walmart Spar Over Both a Pharmacist and a Corporation’s Role Under the Controlled Substances Act
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
In an increasingly demanding environment in which pharmacies may fill hundreds of prescriptions in a single day for patients, the U.S. Department of Justice has recently filed a number of lawsuits against corporations and individual pharmacists, taking an increasingly expansive view of their roles and responsibilities under the Controlled Substances Act. Two such cases have pitted Walmart Inc. against the DOJ. And the outcome of these cases is likely to have far-reaching implications for (1) a corporation’s responsibility to train and supervise pharmacists, as well as to institute safeguards to prevent drug diversion, and (2) an individual pharmacist’s duty to investigate suspicious prescriptions.
Vinnie Lichvar is an experienced litigator focused in healthcare law and criminal defense. He routinely represents corporations and individuals in government investigations, regulatory enforcement matters, and white-collar litigation. His healthcare law practice focuses on the representation of hospitals, pharmacies, laboratories and other healthcare facilities, physicians, nurses and other professionals in malpractice, credentialing and licensure board matters. He has represented private companies and individuals in regulations matters, including investigations by the Department of Justice and the Attorney General’s Office. His experience includes conducting internal investigations and responding to inquiries from state and federal government agencies. He also focuses on healthcare compliance, transactions and regulatory matters for healthcare organizations and physicians, including medical staff matters, HIPAA, Stark, ambulatory surgery centers, fraud and abuse, peer review, risk management, physician employment contracting, joint ventures, practice formation and separation.
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 click here, or click on the button to the right that says “Register for Next Program Pay Now”. This button will take you to a screen with multiple payment options. 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.
New Legislation Makes Telehealth More Accessible in Arizona
June 15, 2021 PROGRAM ANNOUNCEMENT
2021 Legislative and Regulatory Update
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
This year’s program will focus on state measures from the 2021 legislative session and current federal health care initiatives. And it’s never too early to talk about elections, so the program will also provide some early insight on statewide elections for next year.
Jason Bezozo worked at the Arizona State Senate as the Senior Legislative Research Analyst for the Senate Health Committee and as Assistant Director for the Senate Research Staff. He joined the Arizona Hospital and Healthcare Association in 2002 as the Director of Government Affairs and Policy and then joined Banner Health in 2006 to manage government relations across the health care system. He has a history degree from ASU and a Master’s in business administration from University of Phoenix.
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.
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.
Seeking highly qualified attorneys to join network of affiliate attorneys
Coppersmith Brockelman PLC and its nationally ranked health care group seeks highly qualified attorneys to join its network of affiliate attorneys. Coppersmith’s network of affiliate attorneys are independent contractors who…
June 3, 2021 PROGRAM ANNOUNCEMENT
What You Should Know about the New Stark Regulations: Overview of Significant Changes, Group Compensation and Value Based Arrangements
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
This presentation will explore the much needed and overdue changes to the Stark Law that became effective in January 2021. Long criticized as being too complex, overly burdensome, and inconsistent with the Law’s original intent, even the Law’s namesake, Representative Pete Stark, called for its repeal. In updating the regulations, CMS has endeavored to reduce the regulatory burden on providers and modernize a healthcare system which has traditionally focused on a fee-for-service model. In addition to providing an overview of some of the more significant changes, additions and clarifications that affect all health care providers impacted by the Stark Law, the presentation will address specific changes affecting Group Practices and how profits can be shared among physicians, as well as how the rules can be used to support value-based arrangements.
Paul Giancola. Paul Giancola’s practice is focused on regulatory matters, compliance, and transactions (joint ventures,, management agreements, contacts, ASCs) for healthcare organizations and physicians, including medical staff matters, HIPAA, Stark, licensing board and government investigations, and fraud and abuse. He teaches Healthcare Fraud at the ASU Sandra Day O’Connor College of Law.
Ben Runkle. Benjamin’s practice includes the representation of healthcare providers and organizations in a variety of matters. Prior to joining the legal profession, Ben worked as a firefighter/paramedic and police officer. His experience includes the following: Representation of behavioral health providers, physicians, dentists, and other healthcare professionals in government investigations and enforcement actions; Representation of physicians and dentists in administrative and licensing proceedings; Management of administrative appeals including provider-payor disputes, imposition of civil penalties and assessments, overpayment and recoupment matters, and service authorization denials; Representation of clients throughout all phases of criminal prosecution and appeal; As an Assistant Attorney General, prosecuted fraud and represented the Department of Economic Security in litigation and policy development; Advised the Arizona Health Care Cost Containment System, Arizona’s Medicaid agency, on litigation strategy, rule-making, provider registration, policy development, and compliance matters investigated by the Office of the Inspector General; and Representation of clients with respect to investigations by the Department of Health and Human Services, Office of Civil Rights.
Lauren Weinzweig is a partner at The Nelson Law Group, PLLC where she assists health care facilities, medical groups and other health care practitioners address many of the operational, regulatory and transactional issues facing the health care industry. Her practice has an emphasis on health care transactions, compliance with fraud and abuse laws, professional board investigation defense and health information privacy. She has been recognized in Best Lawyers in America for Health Care Law since 2015 and has been honored to serve as a member of the Board of the Arizona Society of Healthcare Attorneys since 2013. When not working, Lauren enjoys spending time with her family and dogs in Munds Park, Arizona.
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.
Associate General Counsel – Phoenix Children’s Hospital
Associate General Counsel Position Summary The Associate General Counsel will report to the Phoenix Children’s Hospital Executive Vice President and General Counsel and provide a broad range of in-house legal…
Associate General Counsel – Banner Health
Associate General Counsel Find your path in health care. At Banner Health, caring for people is at the core of all we do. We are committed to diversity, equity and…
May 17, 2021 PROGRAM ANNOUNCEMENT
Arizona’s New Ethical Rules: How They Apply to All Lawyers
Time: 12:00 noon to 1:00 pm
Place: Cisco WebEx
Arizona recently amended its regulations on ownership of law firms, paying referral fees, and supervision of nonlawyers as well as making changes to many Ethical Rules. Learn how these rule changes may apply to you, even if you are an in-house counsel or provide insurance defense representation. Lynda will discuss these recent changes as well as new ABA and Arizona ethics opinions on practicing across state lines, responding to online reviews and duties to notify lienholders upon receipt of settlement funds.
Lynda C. Shely, of The Shely Firm, PC, Scottsdale, Arizona, provides ethics advice to over 1700 law firms in Arizona and the District of Columbia. Prior to opening her own firm, she was the Director of Lawyer Ethics for the State Bar of Arizona. Prior to moving to Arizona, Lynda was an attorney with Morgan, Lewis & Bockius in Washington, DC. Lynda received her BA from Franklin & Marshall College in Lancaster, PA and her JD from Catholic University in Washington, DC. Lynda is a past president of the Association of Professional Responsibility Lawyers and the Scottsdale Bar Association. She is chair of the ABA Standing Committee on Ethics and Professional Responsibility, an Arizona Delegate in the ABA House of Delegates, and serves with several nonbillable groups including as a member of the Arizona Supreme Court’s Board of Nonlawyer Legal Service Providers. She has been an adjunct professor at all Arizona law schools, teaching professional responsibility.
Due to the current social distancing recommendations, this program will be held via video conference through Cisco WebEx. This program will be $25 for members, $30 for non-members, and $20 for students.
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 ethics CLE credit, toward your annual requirement for the State Bar of Arizona.
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.