Melissa Soliz

Email Melissa  |  602-381-5484  |  V-Card

Melissa Soliz is a dedicated and goal-oriented attorney who practices in the area of regulatory health law. I assist my 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. My 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.

Representative Matters

  • Advised multiple health systems, hospitals, and health plans on establishing and implementing their 42 C.F.R. Part 2 (Part 2) compliance program, including crafting Part 2 data use policies and procedures, consent forms, drafting/negotiating contracts with vendors, and giving informational presentations/training sessions on Part 2 compliance.
  • Worked with state-wide health information organizations (HIOs) and health information networks (HINs) on integrating Part 2 information into their health information exchanges and care coordination platforms, including drafting/negotiating contracts with providers and the plan’s health IT developer, developing policy content, and design elements.
  • Worked on regional and national clinical data sharing collaborations among HIOs and individual HIO-to-HIO data sharing arrangements, collectively serving more than 177 million patients.
  • Worked with innovative start-up technology companies to offer a variety of technology solutions in the health care space (g., patient/provider matching and scheduling platforms, electronic behavioral health records, telemedicine, artificial intelligence) in compliance with data privacy laws.
  • Assisted in the representation of health systems in responding to data breaches and Office for Civil Rights investigations.
  • Assisted in advising the Food and Drug Administration on its Sentinel Initiative, a national electronic distributed network to monitor product safety.

Publications & Speeches

  • Author, “Don’t Let Privacy Protections Be The Enemy Of Good: How privacy laws are stymieing efforts to most effectively treat substance use disorders and combat the opioid epidemic,” Journal of Health Care Compliance (forthcoming Nov. 2019)
  • Co-Author (with Scott Bennett), “Arizona Chapter, AHLA Corporate Practice of Medicine,” AHLA (forthcoming)
  • Co-author (with Kristen Rosati), “Data Sharing Through the National Patient-Centered Clinical Research Network,” PCORnet (forthcoming)
  • Co-author (with Kristen Rosati), “Sentinel System: Data Sharing for Public Health Activities and Data Use Agreements,” Sentinel (forthcoming)
  • Co-presenter (with Erin Dunlap), “Access to Health Care Records for Workers Compensation Purposes,” State Bar of Arizona (Sept. 2019)
  • Author, “Courtesy Notification re: Proposed Changes to 42 CFR Part 2,” Coppersmith Brockelman PLC (Aug. 23, 2019)
  • Author, “Courtesy Notification re: TEFCA Draft 2,” Coppersmith Brockelman PLC (May 21, 2019)
  • Author, “Courtesy Notification re: ONC/CMS Proposed Interoperability Regulations,” Coppersmith Brockelman PLC (Apr. 24, 2019)
  • Presenter, “Integrating Behavioral Health Information: Compliance with 42 CFR Part 2, HIPAA and State Confidentiality Laws,” Arizona Health Information Management Association Annual Meeting (Jun. 14, 2019)
  • Co-author (with Rebecca Frigy Romine), “ONC/CMS Extends Comment Period for Proposed Rules on Interoperability and Information Blocking,” American Health Lawyers Association (May 20, 2019)
  • Co-presenter (with Patricia Burnett, Dr. David Hanekom, and Professor Heather Ross), “Blockchain and Healthcare,” Sandra Day O’Connor College of Law, Arizona State University (Mar. 2019)
  • Presenter, “Sharing Mental Health with Family and Friends Involved in Care,” Community Legal Services/Mercy Care Adult Care Community Meeting (Nov. 7, 2018, May 30 & 31, 2019)
  • Guest Lecturer, “The Opioid Epidemic: Combatting Opioid Misuse Through Regulation,” ASU College of Nursing and Health Innovation, Healthcare Compliance (Nov. 8, 2018)
  • Presenter, “Creating an Opioid Compliance Program to Meet Arizona Licensing Regulations,” Arizona Hospital and Healthcare Association (Sept. 18, 2018)
  • Co-presenter (with Scott Bennett, Erin Dunlap, and Dave Kinsey), “Health Care Data for Lawyers,” State Bar of Arizona (Sept. 2018)
  • Co-author (with Karen Owens), “Arizona Opioid Compliance Toolkit for Outpatient Clinics,” Arizona Hospital and Healthcare Association (July 2018)
  • Co-author (with Karen Owens), “Arizona Opioid Compliance Toolkit for Hospitals and Outpatient Surgery Centers,” Arizona Hospital and Healthcare Association (July 2018)
  • Presenter, “Introduction to 42 C.F.R. Part 2,” Health Current Seminar on Part 2 and the Health Information Exchange: Applying Federal Substance Abuse Treatment Regulations (42 C.F.R. Part 2) to Health Information Exchanges (HIEs) (July 25, 31; Aug. 30; Sept. 11, 2018)
  • Co-Presenter (with Janice Dinner), “The Opioid Epidemic: Combatting Substance Abuse through Regulating Health Care,” the Arizona Society of Health Attorneys (AzSHA) (July 19, 2018)
  • Presenter, “Comply with 42 C.F.R. Part 2 & Combat the Opioid Epidemic,” AudioEducator (July 6, 2018)
  • Presenter, “Changes in Health Information Rules and Regulations: HIPAA Research Rules, HIPAA/OHRP Intersections, Substance Use Disorder Research and NIH Policies,” Arizona Biomedical Research Commission (Apr. 2018)
  • Co-author (with Kristen Rosati), “Data Sharing for Clinical Integration and other ‘Big Data’ Initiatives,” AHLA Fundamentals of Health Law, seventh edition (Apr. 2018)
  • Guest Lecturer, “The Opioid Epidemic: Combatting Substance Abuse Through Regulating Health Care,” ASU College of Nursing and Health Innovation, Healthcare Compliance (Feb. 20, 2018)
  • Co-author (with Kristen Rosati, Naomi Jorgensen, and Barbara J. Evans), “Sentinel Initiative Principles and Policies: HIPAA and Common Rule Compliance,” Sentinel (Feb. 1, 2018)
  • Co-panelist (with Erin Dunlap & Chase Millea), “Substance Use Treatment: Revised Part 2 Regulations Compliance,” Strafford Publications webinar (Oct. 24, 2017)
  • Co-author (with Kristen Rosati), “Privacy Compliance in Clinical Research,” Bloomberg Law (Oct. 2017)
  • Co-author (with Kristen Rosati), “White Paper: Part 2 Challenges for HIOs,” presented at SHIEC Annual Conference (2017)
  • Co-panelist (with Scott Bennett & Shira Hauschen, “Leveraging Big Data in Healthcare: Navigating HIPAA, Stark and AKS Compliance, and Security Issues,” Strafford Publications webinar (Sept. 19, 2017)
  • Co-author (with Kristen Rosati & Scott Bennet), “Unto the Breach, Dear Friends: HIPAA Breach Reporting and OCR Enforcement Actions,” Bloomberg BNA Health Care Program Compliance Guide
  • Co-author (with Kristen Rosati), “Data Sharing for Clinical Integration and other ‘Big Data’ Initiatives,” AHLA Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
  • Co-author (with Naomi Jorgensen & Scott Bennett), “Office for Civil Rights Investigations, Enforcement Actions and Settlements,” AHLA Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
  • Author, “Fixing Fixation: The RAM Copy Doctrine,” 43 Ariz. St. L.J. 181 (2011)

Activities & Memberships

  • Member, MDC Advisory Board: My Data Choices (2019 – present) (research into consent management tools for Part 2 compliance)
  • Member, Human Subjects Review Board, Arizona Department of Health Services (2019 – present)
  • Member, Board of Directors, Arizona Society of Healthcare Attorneys (2018 – present)
  • Member, Advisory Committee, ASU School of Nursing Health Care Compliance and Regulations Baccalaureate Degree Program (2018 – present)
  • Member, American Health Lawyers Association (2015 – present)
  • Member, Arizona Society of Healthcare Attorneys (2015 – present)
  • Former Board Secretary and Member, Gabriel’s Angels Board of Young Professionals (2013 – 2016)
  • President, Greenfield Park Homeowners Association (2016 – present)

Clerkships

  • En Banc Law Clerk for the Hon. Mary Schroeder, U.S. Court of Appeals for the Ninth Circuit (2011 – 2012)
  • Extern for the Hon. Susan Bolton, U.S. District Court, District of Arizona (Spring 2011)
  • Extern for the Hon. Patricia Orozco, Arizona Court of Appeals (Spring 2010)
  • Extern for the Hon. Donn Kessler (Summer 2009)

Education & Admissions

  • J.D., Arizona State University, 2011, summa cum laude; salutatorian; John S. Armstrong Award (the law school’s highest honor); Order of the Coif; Order of Barristers; Law, Science and Technology Certificate in Intellectual Property; Pro Bono Distinction; Executive Articles Editor, Arizona State Law Journal; Pedrick Scholar
  • B.A., History and B.A., Political Science, Arizona State University, 2006, summa cum laude; ASU History Alumni Award for Excellence in Undergraduate Studies (May 2005); Feldt-Barbanell Women’s History Award (May 2005); ASU College of Liberal Arts and Sciences Dean’s List
  • Admitted in Arizona, 2012
  • U.S. Court of Appeals, Ninth Circuit, 2012
  • U.S. District Court, District of Arizona, 2012
  • Arizona Supreme Court, 2012