Melissa Soliz Discusses Information Blocking in SHIEC Webinar Series
Jan 03 2020

Melissa Soliz Breaks Down How Privacy Laws Prevent Effective Substance Use Treatment in Journal of Health Care Compliance

Naomi Jorgensen
1

The opioid epidemic is a national crisis that kills approximately 130 people per day, according to the CDC. In an article for the Journal of Health Care Compliance, Melissa Soliz shared that while treatment for opioid addiction is expanding, outdated privacy laws are stymying treatment efforts.  Melissa provided an overview of 42 C.F.R. Part 2 (the federal Confidentiality of Substance Use Disorder Patient Record regulations, known as Part 2), which was promulgated in the 1970s to protect the information of people seeking substance use disorder treatment. She explains the barriers Part 2 creates when health care providers need to access or share substance use disorder information protected by Part 2 for treatment, payment, public health activities, and ordinary health care operations. She also proposed solutions to fix the problem.  Melissa’s legal practice...

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Melissa Soliz Discusses Information Blocking in SHIEC Webinar Series
Nov 25 2019

Melissa Soliz Contributes to American Health Lawyers Association’s Opioid Crisis and Prescribing Survey

Naomi Jorgensen
0

The opioid epidemic has been declared a public health emergency. Attorney Melissa Soliz contributed to the American Health Lawyers Association (AHLA)’s recent “State Response to Opioid Crisis and Opioid Prescribing Requirements: A 50 State Survey,” a resource guide providing an overview and references regarding the opioid epidemic on a state-by-state basis.  Melissa and co-authors Benjamin Runkle of Gammage & Burnham and D’Arcy Downs-Vollbracht of Concierge Legal Group, PLLC, highlighted the results of efforts to combat the opioid epidemic in Arizona, such as the Arizona Opioid Epidemic Act of 2018, opioid prescribing and treatment regulations, pain management clinic regulations, and opioid-poisoning related reporting regulations.  Melissa focuses on HIPAA and 42 C.F.R. Part 2 compliance, compliance with opioid treatment laws and regulations, health information exchange (including compliance with new information blocking rules),...

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What All U.S. Businesses Need to Know About the California Consumer Privacy Act
Oct 21 2019

What All U.S. Businesses Need to Know About the California Consumer Privacy Act

Naomi Jorgensen
0

A new California privacy law goes into effect on January 1, and it will require major changes in how many companies in Arizona – and the rest of the United States – handle consumers’ personal information. The California Consumer Privacy Act (CCPA) applies far beyond companies with a physical presence in California. It can apply to any company that simply does business in California, which can include providing goods or services to California residents. In today’s mobile and global society, that’s an astounding number. One privacy organization estimates that the CCPA will apply to 500,000 companies in the United States, including many small- and medium-sized businesses. The groundbreaking legislation expands privacy rights for consumers and changes the way businesses disclose and use personal information. Here, we’ll cover which businesses...

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It’s Time …. For Overtime Pay Regulation
Oct 03 2019

It’s Time …. For Overtime Pay Regulation

Naomi Jorgensen
0

The U.S. Department of Labor (DOL) recently announced its long-awaited final rule updating the salary threshold for executive, administrative, and professional employees who are classified as exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). These are often referred to as the “white collar” exemptions. The new rule will take effect on January 1, 2020. What is the new minimum salary? Earlier this year, the DOL released a proposed rule that would have raised the minimum salary level for white collar exempt employees to $679 per week, or $35,308 per year. After evaluating compensation data and considering many thousands of public comments, the DOL increased those figures slightly in the final rule. The new salary threshold will be $684 per week,...

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Kristen Rosati on Planning Committee for National Academies of Sciences, Engineering and Medicine Workshop on Data Sharing
Jun 07 2019

Kristen Rosati Discusses Limitations of EMR Software, Benefits of Advanced HIPAA Training with Healthcare Risk Management

Naomi Jorgensen
0

Among the nation’s top HIPAA compliance and “Big Data” attorneys, Kristen Rosati discussed the limitations of electronic medical record (EMR) software and the need for advanced HIPAA training in hospitals with Healthcare Risk Management. Kristen joined other law, technology, and compliance professionals in discussing the need for HIPAA training and audits after a Chicago hospital reportedly fired more than 50 employees in response to improper access of actor Jussie Smollett’s medical records. Kristen noted that while some EMR software has good role-based limitations for employees, it cannot determine if a user who has treatment access to files has a treatment relationship with a particular patient. Kristen explained that stopping infractions before they occur is nearly impossible, but audits do reveal when employees have accessed medical records that they shouldn’t have. She also shared that since HIPAA became law...

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May 31 2019

Melissa Soliz Discusses Impact of Extended Comment Period for Proposed Rules on Interoperability, Information Blocking in AHLA Bulletin

Naomi Jorgensen
0

Melissa Soliz shared her expertise in information blocking and electronic health records rules, regulations, and compliance in a bulletin for members of the American Health Lawyers Association (AHLA). On April 19, 2019, the U.S. Department of Health and Human Services extended the comment period for two proposed rules related to promoting interoperability of electronic health information. Melissa and co-author Rebecca Frigy Romine of Polsinelli PC broke down each rule, including what health lawyers need to know about the impact of these rules on health care organizations. The first proposed rule, from the Office of the National Coordinator for Health Information Technology, addresses interoperability, information blocking, and the ONC Health IT Certification Program. The second rule, proposed by the Centers for Medicare & Medicaid Services, addresses patient protection and the Affordable Care Act for multiple branches of Medicare and Medicaid programs including...

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