Scott Bennett

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Scott has significant experience representing hospitals and other health care providers.  He provides advice to help health care companies comply with the web of federal and state laws and regulations that govern the industry.  That includes advice regarding the Stark Law and Anti-Kickback Statute, the legal requirements for Institutional Review Boards and clinical research, and the laws that apply to the collection and storage of biological specimens.

A substantial part of Scott’s practice is assisting clients, in health care and other industries, with information privacy and security.  He helps clients work to avoid data breaches by assessing and improving their privacy and security practices.  Scott assists clients in preparing for possible breaches, such as by creating incident response plans.  And he helps clients who have experienced a data breach or security incident investigate the incident, give notice to affected individuals, business partners, government regulators, and the media, comply with the requirements of federal and state breach laws, and prepare for the possibility of civil litigation and government investigations. Scott is a Certified Information Privacy Professional/United States (CIPP/US), through the International Association of Privacy Professionals.

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 civil lawsuits and criminal charges.  That includes defending health care clients in cases under the False Claims Act.

Scott is also General Counsel for the firm.

Representative Matters

  • Assisted health care and other companies investigate and respond to data breaches and other security incidents.
  • Advised health care technology companies to help them comply with the Stark Law, Anti-Kickback Statute, and similar laws.
  • Guided hospitals through FDA audits of their Institutional Review Boards (IRBs) and assisted in helping to develop policies for IRBs.
  • Helped hospital systems provide the software for electronic medical records to physician practices in a way that complies with the Stark Law and Anti-Kickback Statute.
  • Represented corporations and individuals in investigations by the FBI, Department of Justice, state Attorney General’s Office, local police, and AHCCCS (Arizona’s Medicaid program).

Awards & Recognitions

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

Publications & Speeches

  • 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

  • Vice Chair of Publications, Digital Health affinity group (part of the Health Information Technology practice group), American Health Lawyers Association (AHLA)
  • Member, Leadership development program for the Health Information Technology practice group, American Health Lawyers Association (AHLA) (2016 – 2017)
  • Member, International Association of Privacy Professionals (IAPP) (2017 – present)
  • Member, Arizona Association of Health Care Lawyers
  • 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