Scott Bennett

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Scott has significant experience representing hospitals and other health care providers. He helps health care companies comply with the complex web of federal and state laws and regulations that govern the industry. Scott has expertise in advising clients regarding fraud and abuse laws including the Stark Law and federal Anti-Kickback Statute; HIPAA and state privacy and data-breach laws; and the legal requirements for Institutional Review Boards and clinical research.

A substantial part of Scott’s practice is assisting clients, in health care and other industries, with data privacy and security. He is a Certified Information Privacy Professional for the U.S. (CIPP/US), through the International Association of Privacy Professionals. Scott helps clients comply with HIPAA, the California Consumer Privacy Act (CCPA), the General Data Protection Regulation of the European Union (GDPR), and other federal and state privacy laws. Scott has represented many health care providers and other entities in connection with data breaches, as well as investigations by the Office for Civil Rights of the U.S. Department of Health and Human Services (OCR).

Scott’s background is in government investigations, criminal defense, and litigation. He has helped health care providers and other businesses conduct internal investigations, respond to investigations by the government, and defend against litigation including qui tam cases under the federal False Claims Act.

Scott is also General Counsel for the firm. In that role, he advises his colleagues on matters of professional ethics.

Representative Matters

  • Assisted health care and other companies in investigating and responding to data breaches and other security incidents.
  • Advised health care technology companies to help them structure business arrangements in a way that complies with the Stark Law, Anti-Kickback Statute, and other fraud and abuse laws.
  • Guided hospitals through FDA audits of their Institutional Review Boards (IRBs) and assisted in helping to develop policies for IRBs.
  • Represented corporations and individuals in investigations and enforcement actions by the FBI, Department of Justice, state Attorney General’s Office, local police, Medicare, and AHCCCS (Arizona’s Medicaid program).

Awards & Recognitions

  • The Best Lawyers in America©: Criminal Defense: Non-White-Collar (2012 – 2018); Criminal Defense – General Practice (2018 – present); Health Care Law (2020)
  • Southwest Super Lawyers: Business Litigation (2018 – present)
  • Southwest Super Lawyers Rising Stars (2012)

Publications & Speeches

  • Author, “Here’s What the California Consumer Privacy Act Means for Arizona Businesses,” Az Business (Sept. 2019)
  • Co-presenter (with Marki Stewart, 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)
  • Co-author (with Elizabeth F. Hodge and Gerard M. Nussbaum), “Securing Connected Devices in Health Care: Taking Proactive Action,” Journal of Health & Life Sciences, American Health Lawyers Association (Jun. 2019)
  • Co-editor (with Elizabeth F. Hodge and Gerard M. Nussbaum), “Connected Devices in Health Care,” Member Briefing for the American Health Lawyers Association (Jan. 2019)
  • Co-presenter (with Melissa Soliz and Erin Dunlap), “Health Care Data for Lawyers,” State Bar of Arizona (Sept. 2018)
  • Co-author, “Artificial Intelligence in Health Care: Welcome to the Machine,” American Health Lawyers Connections Magazine (June 2018)
  • Co-Presenter, “Breaches and Bars: Legal Ethics in Cybersecurity and Data Breaches,” American Health Lawyers Association, Physicians & Hospitals Law Institute (Feb. 2018)
  • Co-author (with Kristen Rosati and Melissa Soliz), “Unto the Breach, Dear Friends: HIPAA Breach Reporting and OCR Enforcement Actions,” Bloomberg BNA Health Care Program Compliance Guide (forthcoming)
  • Co-author (with Kristen Rosati), “The Tissue Issue: Legal Compliance in Using Biospecimens for Research,” Wolters Kluwer Health Law and Compliance Update, 2018 Edition
  • Co-presenter (with Kristen Rosati), “Legal Ethics in Cybersecurity and Data Breaches,” Arizona Society of Healthcare Attorneys (Nov. 2017)
  • Panelist, “Cybersecurity for Healthcare Organizations – and Their Counsel,” Sandra Day O’Connor College of Law CLE Seminar (Oct. 26, 2017)
  • Co-panelist (with Melissa Soliz), “Leveraging Big Data in Healthcare: Navigating HIPAA, Stark and AKS Compliance, and Security Issues,” Strafford Publications webinar (Sept.19, 2017)
  • Co-Author, “Office for Civil Rights Investigations, Enforcement Actions and Settlements,” AHLA Conference on Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
  • Co-Author, “Health Care Data Breaches: Practical Advice for Trying Times,” AHLA Journal of Health & Life Sciences Law (Feb. 2017)
  • Moderator, “Ransomware and Cyber Attacks in the Health Care Sector,” AHLA Webinar (Oct. 2016)
  • Co-Presenter, “50 Shades of Confidentiality: The Unwitting Law-Breaking Lawyer,” (cybersecurity for lawyers), Arizona State Bar (Feb. 2015)
  • Presenter, “The Legal Ethics of Social Media,” Arizona Attorneys for Criminal Justice (Jan. 2013)
  • Presenter, “Arizona’s Medical Marijuana Law,” Arizona School of Real Estate and Business (Mar. 2012)
  • Presenter, “Using Social Media for Investigations,” Arizona Attorneys for Criminal Justice (Jan. 2012)
  • Co-Author, “The Continued Expansion of the False Claims Act,” Journal of Health & Life Sciences Law (Oct. 2010)

Activities & Memberships

  • American Health Lawyers Association (AHLA)
    • Chair, Health Information and Technology Practice Group’s Digital Health Affinity Group (2019)
    • Chair, Digital Health affinity group (2018 – present)
    • Vice Chair of Publications, Digital Health affinity group (2017 – 2018)
    • Member, Leadership development program, Health Information Technology practice group (2016 – 2017)
  • Member, International Association of Privacy Professionals (IAPP) (2017 – present)
  • Member, Arizona Society of Health Care Attorneys
  • Past Member, Board of Directors, Arizona Attorneys for Criminal Justice
  • Past Member, Board of Directors, From Gangs to Jobs

Clerkships

  • Hon. Ronald Gilman, U.S. Court of Appeals for the Sixth Circuit, 2003 – 2004

Education & Admissions

  • J.D., University of California, Berkley School of Law (Boalt Hall), 2003; Order of the Coif
  • B.A., Arizona State University, 2000; summa cum laude
  • Admitted in Arizona state courts; Arizona District Court; U.S. Courts of Appeals for the Sixth and Ninth Circuits