IBR Enforcement is Here: Melissa Soliz and Ben Yeager Provide Insights into Enforcement Rules in Newest Brief

Are you ready for IBR enforcement? In the latest Coppersmith Brief, Mel Soliz and Ben Yeager lay out the information blocking enforcement landscape for health care providers under the Proposed HHS Disincentives Rule and for health IT developers and HIN/HIEs under the Final OIG CMP Rule.   The Brief outlines two key rule changes:  The Office of the Inspector General finalized the OIG CMP Rule & began enforcement against health IT developers and health information networks/exchanges. Those who have committed information blocking face penalties up to $1 million per violation. The new HHS Disincentives regulation proposal outlines penalties for healthcare providers who have committed information blocking. If participating in certain Medicare programs, providers could face disincentives.  Those not participating have delayed enforcement pending further rule making....

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Marki Stewart Receives OIG Advisory Opinion on Physician Compensation

In a watershed opinion, attorney Marki Stewart obtained a favorable OIG Advisory Opinion for Phoenix Neurological Institute relating to physician compensation. The Advisory Opinion stands as a pivotal juncture outlining how employers may compensate their employed physicians without running afoul of the Anti-Kickback Statute. The OIG Advisory Opinion outlines two key points: Employers may provide a bonus to employed physicians that is based on the volume or value of business the physician generates for the employer; and Employers may include revenue received from multiple service lines, including ambulatory surgery center facility fees, in their employed physicians’ compensation. “This Advisory Opinion will serve as a catalyst for the adoption of fair, transparent, and legally sound physician compensation practices, thereby benefiting both healthcare providers and the patients they serve,” said...

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Coppersmith Brockelman Ranked Among 2024 Best Law Firms by Best Lawyers® and U.S. News & World Report

Best Lawyers® and U.S. News & World Report honored Coppersmith Brockelman in its 2024 edition of Best Law Firms, ranking them nationally in four practice areas and locally in 17 practice areas.  Attaining multiple Best Law Firms rankings affirms the value of Coppersmith Brockelman’s approach to lawyering: think creatively, find practical solutions, build community and provide excellent services. Recognized firms are known for professional excellence and consistent impressive ratings from clients and peers who provide feedback on a variety of factors including cost effectiveness, responsiveness, and expertise.  “Being acknowledged by Best Law Firms in 17 categories is a testament to Coppersmith Brockelman's ongoing commitment to offering exceptional legal counsel and achieving impressive outcomes for our clients,” said Jill Chasson, chair of the firm’s governance committee. “It's gratifying...

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Marki Stewart Honored by the Florence Project as the Top Pro Bono Attorney for the Children’s Program

Marki Stewart’s longtime commitment to helping unaccompanied immigrant children find safety and security in the U.S. earned her recognition as the Florence Projects’ Children’s Program Pro Bono Attorney of the Year.  Formally the Florence Immigrant & Refugee Rights Project, the Florence Project provides free legal services, social services, and advocacy to immigrants facing detention and potential deportation. Volunteering with the organization has been Marki’s personal passion project for 15 years. Specifically, she lends her time and talent to providing pro bono representation, guidance, and support to children under threat of deportation. Her work has made a lifechanging impact that empowers vulnerable individuals as they navigate challenging circumstances with hope and resilience.  Pro Bono Managing Attorney for the Florence Immigrant & Refugee Rights Project’s Children's Program Lizmarie Mena-Feliciano...

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Attorney Jill Chasson

Jill Chasson Pens Article Outlining Sanctions & Consequences for Suing Former Employees Without Proper Evidence

When key managerial employees leave a business and additional staff members follow, many employers suspect the departed leadership improperly solicited the others and take hasty legal action — which often backfires.   Attorney Jill Chasson authored an article for HR Laws and Arizona Employment Law Letter detailing how groundless employer claims can lead to a host of bad-faith sanctions. She highlighted Powers Steel & Wire Products (PSW) v. William Powers, a case that was before the Arizona Court of Appeals, which is likely to have a six-figure impact on the employer’s bottom line as a result of such sanctions.    Jill emphasized that when pursuing litigation, an employer must be able to produce evidence of improper conduct and damages from that conduct. Failure to do so can lead...

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Attorney Katherine Hyde Lends Insights on Prepping for HIPAA Changes in Healthcare Risk Management

Though the proposed modifications to HIPAA have been delayed until 2024, it’s crucial for covered entities to be well prepared before changes become official. To provide expert insights on changes designed to boost transparency and collaboration in the healthcare sector, Healthcare Risk Management turned to Katherine Hyde to comment on the upcoming changes.    In the article, “Plan Now for Eventual HIPAA Changes,” Katherine explained what important modifications to expect— the final rule will likely expand support for care coordination and case management, and it’s expected to strengthen individuals’ right of access to PHI. Some other changes would reduce the burden on covered entities as well.   When the Department of Health and Human Services finalizes the proposed modifications, covered entities will need to review their compliance policies...

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