Kristen Rosati Reviews a Year of Health Law Updates for AHLA’s Annual Meeting

Kristen Rosati Publishes Article on Strategies for Complying with Revised NIH Policies in Harvard Data Science Review

The National Institute of Health’s (NIH) revised Data Management and Sharing Policy requires a data sharing plan for all NIH-funded research, triggering compliance challenges amid quickly evolving federal, state, and international privacy standards.  In a special issue of Harvard Data Science Review, Kristen Rosati published an article on adopting strategies for long-term compliance in light of changing laws. In her article, Kristen recommended strategic, long-term data sharing solutions, including using HIPAA’s expert determination method to de-identify data to minimize potential future disconnects in data de-identification standards. Additionally, in light of concerns about whether de-identification of data is sufficient protection of privacy, and in the absence of a federal law prohibiting the re-identification of individuals in de-identified data sets, she recommends utilizing contractual controls on the use...

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Scott Bennett Educates Healthcare Risk Management Readers on Importance of Timely Access Request Responses for HIPAA Compliance

Following the Office for Civil Rights’ (OCR) report to Congress that revealed a 61% increase in HIPAA breaches affecting more than 500 people in 2020, Healthcare Risk Management turned to Scott Bennett for specific actions healthcare organizations should take to avoid complaints surrounding patient access and disclosure requests. Scott encouraged healthcare providers to continuously educate their personnel on the unique requirements and differences between the two types of requests and suggested supplying them with actionable guidance documents to use between trainings. Ensuring every access request is logged and receives a response within 30 days, as HIPAA mandates, will prevent OCR enforcement actions. Scott also recommended healthcare entities conduct a wide-scale security assessment that extends to every piece of hardware and software that touches electronic PHI. A leading...

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Karen Owens Reappointed to Arizona Society of Healthcare Attorneys Board of Directors

Karen Owens Outlines Key Arizona Peer Review Updates for AzSHA

For the first time since 2005, the Arizona Court of Appeals addressed substantive peer review issues in 2021. To help its members understand them better, the Arizona Society of Healthcare Attorneys (AzSHA) turned to Karen Owens to unpack the impact on the peer review process. Karen’s blog summarized key takeaways from Sharifi Takieh v. O’Meara (“Takieh”) and Sharifi v. Banner Health (“Sharifi”): Takieh affirmed the prohibition on discovery of peer review documents and made clear that hospitals cannot be required to prepare privilege logs in connection with claims of peer review confidentiality. Sharifi affirmed the prohibition on discovery of peer review documents and made clear that hospitals cannot be required to prepare privilege logs in connection with claims of peer review confidentiality. Although Sharifi is an...

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ASU College of Health Solutions Lauds Mel Soliz’s Contributions to MDC Advisory Board

Mel Soliz Breaks Down Compliance with Complex Interoperability Requirements at the AHLA Physicians and Hospitals Law Institute

Looking to educate members about how to comply with the Information Blocking Rule (IBR) and other interoperability mandates, the American Health Law Association turned to Mel Soliz as a presenter at its Physicians and Hospitals Law Institute. Mel joined Gerard Nussbaum, principal at Zarach Associates, and Marti Arvin, chief compliance officer at Erlanger Health, in explaining IBR and interoperability requirements. Mel works closely with community health information exchanges, health care providers and health plans to understand and implement compliance programs for the IBR and the CMS Interoperability and Patient Access Final Rule. She regularly speaks at local and national forums on these topics and has been active in state and federal policy making on data privacy and health information exchange issues. Learn more about the Physicians and...

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Scott Bennett Helps In Business Readers Prepare for Pending Consumer Privacy Laws

Sam Coppersmith and Malvika Sinha Outline Components of a Successful DEI Program for In Business

As more companies prioritize diversity, equity and inclusion (DEI), many wonder what such programs should include. In an In Business cover story highlighting companies with strong DEI initiatives, Sam Coppersmith and Malvika Sinha share how Coppersmith Brockelman attracts diverse attorneys and helps them thrive. Sam discusses how the firm welcomed diversity of viewpoints and experiences long before DEI emerged, highlighting how hiring outstanding lawyers who looked, acted and thought differently led to a majority-female partnership with flexibility for personal and family choices that attracts new talent. He believes becoming more diverse and inclusive has helped the firm improve and expects diversity will increase as junior lawyers recruit their peers. Malvika provides perspective of how some DEI programs can negatively impact female associates and associates of color by...

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Karen Owens Advises Hospitals on Attracting Physician Leaders to Peer Review Committees

Karen Owens Blogs About Affordable Care Act Anti-Sex Discrimination for AzSHA

Following up to a recent presentation to the Arizona Society for Healthcare Attorneys (AzSHA),  Karen Owens provided a more in-depth examination of the anti-discrimination provisions in Section 1557 of the Affordable Care Act, including based on sex, limited English proficiency and disability. With major changes in the current regulations on sex discrimination expected and questions about the status of other parts of Section 1557, Karen’s blog helps readers understand the history and current status of Section 1557, major court decisions, practical realities for providers, and what may be next on the horizon. Karen, who serves on the AzSHA Board of Directors, represents health care systems, hospitals, clinics, and other providers in a variety of matters including quality management, medical staff credentialing and peer review, medical staff structures,...

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