Marki Stewart

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Marki Stewart assists hospitals, physician groups, telemedicine providers, laboratories, and other health care organizations in a variety of business and regulatory issues, including the Anti-Kickback Statute and the Stark Law, HIPAA compliance, breach reporting, value-based reimbursement issues, medical practice acquisitions, Arizona Department of Health Services licensing issues, AHCCCS policies and payment disputes, and hospital-physician joint ventures.

Marki has a special focus and interest in telemedicine, including licensing, reimbursement, credentialing, and security issues. She has represented various health care providers before regulatory boards and bodies, including the Arizona Medical Board, health insurance disciplinary committees, and the Office for Civil Rights. She has also conducted hearings before government agencies.

Marki also has experience drafting a variety of policies, procedures, and agreements for health care organizations, including hospital recruitment agreements, HIPAA business associate agreements, employment agreements, operating agreements, and medical director agreements.

Representative Matters

  • Representing providers before various regulatory boards, including the Arizona Medical Board, the Arizona Board of Osteopathic Examiners, and the Arizona Dental Board, among others.
  • Assisting physicians, physician groups, and ambulatory surgery centers in compliance with federal fraud and abuse laws, including the Anti-Kickback Statute and the Stark Law.
  • Helping health care entities obtain state licenses.
  • Representing providers in payment disputes.
  • Drafting corporate documents, including Operating Agreements, Shareholder Agreements, Buy/Sell Agreements, Management Services Agreements, and Employment Agreements.

Awards & Recognitions

  • Southwest Super Lawyers: Rising Stars (2016 – 2017)

Publications & Presentations

  • Co-presenter (with Scott Bennett, Gary Marchant, and Patricia Velarde Burnett), “Can I Pay My Robot Doctor with Bitcoin? Hot Technology and Trends in Health Care Law,” State Bar of Arizona (Sept. 2019)
  • Author, “The Risks of Multi-State Licensure for Telemedicine Providers, University of Arizona, Arizona Telemedicine Blog (July 2019)
  • Presenter, “Telemedicine Update and Hot Topics,” Arizona Society for Healthcare Attorneys (November 2018)
  • Author, “Telehealth Resource Centers are an Invaluable Resource for Providers Developing Telemedicine Programs,” Healthcare Michigan (Aug. 2017)
  • Author, “Practicing Telemedicine, Across State Borders: New Expedited Licenses Permit Physicians to Expand Practice,” University of Arizona, Arizona Telemedicine Blog (May 2017)
  • Presenter, “Telemedicine, Staying in is the New Going Out,” Dickinson Wright healthcare webinar (Sept. 2016)
  • Author, “CMS Recognizes New Exception to the Stark Law for Non-Exclusive Lease Arrangements,” Kent County Medical Society Bulletin (Spring 2016)
  • Author, “CMS to Publish Financial Relationships Between Physicians and Drug Manufacturers Beginning September 2014,” Dickinson Wright Women in Law Blog (Apr. 2014)
  • Author, “Great X-pectations: Protecting Examinees’ Reliance that No News is Good News,” Case Note, Arizona State University Law Journal, Volume 37 (Spring 2005)

Activities & Memberships

  • Secretary/Treasurer, Board of Directors, Arizona Society of Healthcare Attorneys (2017 – present)
  • Member, Steering Committee, Planned Parenthood of Arizona Advocates for Reproductive Health and Justice (2017 – present)
  • Member, National Women’s Law Center, Network for Gender Equity (2018)
  • Member, Corporate Council Committee, Phoenix Art Museum (2013 – 2017)
  • Member, Board of Directors, Mountain Park Health Center (2013 – 2016)

Clerkship

  • Hon. Daniel A. Barker, Arizona Court of Appeals, 2006 – 2007

Education & Admissions

  • J.D. Arizona State University Sandra Day O’Connor College of Law, 2006; magna cum laude
  • B.A., Political Science, Washington State University, 2003; with honors
  • Admitted to practice in Arizona (active) and Oregon (inactive)