Marki Stewart

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Marki Stewart assists hospitals, physician groups, ambulatory surgery centers, telemedicine providers, and other health care organizations in a variety of business and regulatory issues, including the Anti-Kickback Statute and the Stark Law, reproductive health law in the wake of the Dobbs decision, medical practice acquisitions, Arizona Department of Health Services licensing issues, medical staff peer review matters, and hospital-physician joint ventures.   

Marki has a special focus and interest in telemedicine, including licensing, reimbursement, credentialing, and security issues. She represents health care providers before regulatory boards and bodies, including the Arizona Medical Board, health insurance disciplinary committees, and the Office for Civil Rights. In addition, she has a special interest in maternal health issues, including reducing racial disparities in maternal mortality

Marki also has experience drafting a variety of policies, procedures, and agreements for health care organizations, including hospital recruitment agreements, employment agreements, operating agreements, and medical director agreements. 

Representative Matters

  • Representing providers before various regulatory boards, including the Arizona Medical Board, the Arizona Board of Osteopathic Examiners, and the Arizona Dental Board, among others.
  • Assisting physicians, physician groups, and ambulatory surgery centers in compliance with federal fraud and abuse laws, including the Anti-Kickback Statute and the Stark Law.
  • Helping health care entities obtain state licenses.
  • Representing providers in payment disputes.
  • Drafting corporate documents, including Operating Agreements, Shareholder Agreements, Buy/Sell Agreements, Management Services Agreements, and Employment Agreements.

Awards & Recognitions

  • The Best Lawyers in America©: Health Care Law (2022, 2024)
  • Florence Immigrant & Refugee Rights Project’s Children’s Program Pro Bono Attorney of the Year Award (2023)
  • Arizona Foundation for Legal Services and Education: Top 50 Pro Bono Attorneys in Arizona (2022, 2023)
  • Southwest Super Lawyers: Rising Stars (2016 – 2017)

Publications & Presentations

  • Author, “OIG Issues Favorable Advisory Opinion Confirming the Broad Scope of the Antikickback Statute’s Employment Safe Harbor,” Coppersmith Briefs (Oct. 16, 2023) 
  • Presenter, “Health Equity Initiatives and the Lawyers Ethical Role,” Arizona Society of Healthcare Attorneys Arizona Health Law Conference (Feb. 24, 2023) 
  • Panelist, “Developments in the Quest to Advance Equity in Maternal and Child Health in the Age of COVID-19: The Bad, the Good, and the Promising,” AHLA Speaking of Health Law podcast (Oct. 14, 2022) 
  • Author, “8 Ways Healthcare Attorneys Can Reduce Racial Disparities in Maternal Mortality,” Coppersmith Brockelman PLC (Dec. 2021) 
  • Author, “Legislation Changes ‘Telehealth’ Application,” In Business (Sept. 2021) 
  • Author, “New Legislation Makes Telehealth More Accessible in Arizona,” Coppersmith Briefs (June 2021) 
  • Co-author, “New and Improved: Arizona Health Profession Boards Respond to COVID-19,” Coppersmith Briefs (Apr. 16, 2020) 
  • Co-author, “New and Improved: Updated State and Federal Telemedicine Laws in the Era of COVID-19,” Coppersmith Briefs (Apr. 16, 2020) 
  • Co-author, “CMS and OIG Relax Requirements of Stark Law and Anti-Kickback Statute during COVID-19 Crisis,” Coppersmith Briefs (Apr. 9, 2020) 
  • Co-presenter, “ADHS Licensing, Professional Boards and Peer Review,” Arizona Health Law Basics Conference (Jan. 2020) 
  • Co-presenter (with Scott Bennett, 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) 
  • Author, “The Risks of Multi-State Licensure for Telemedicine Providers,” University of Arizona, Arizona Telemedicine Blog (July 2019) 
  • Presenter, “Telemedicine Update and Hot Topics,” Arizona Society for Healthcare Attorneys (Nov. 2018) 
  • Author, “Telehealth Resource Centers are an Invaluable Resource for Providers Developing Telemedicine Programs,” Healthcare Michigan (Aug. 2017) 
  • Author, “Practicing Telemedicine, Across State Borders: New Expedited Licenses Permit Physicians to Expand Practice,” University of Arizona, Arizona Telemedicine Blog (May 2017) 
  • Presenter, “Telemedicine, Staying in is the New Going Out,” Dickinson Wright healthcare webinar (Sept. 2016) 
  • Author, “CMS Recognizes New Exception to the Stark Law for Non-Exclusive Lease Arrangements,” Kent County Medical Society Bulletin (Spring 2016) 
  • Author, “CMS to Publish Financial Relationships Between Physicians and Drug Manufacturers Beginning September 2014,” Dickinson Wright Women in Law Blog (Apr. 2014) 
  • Author, “Great X-pectations: Protecting Examinees’ Reliance that No News is Good News,” Case Note, Arizona State University Law Journal, Volume 37 (Spring 2005)

Activities & Memberships

  • Secretary/Treasurer, Board of Directors, Arizona Society of Healthcare Attorneys (2017 – present)
  • Member, National Women’s Law Center, Network for Gender Equity (2018)
  • Member, Corporate Council Committee, Phoenix Art Museum (2013 – 2017)
  • Member, Board of Directors, Mountain Park Health Center (2013 – 2016)

Clerkship

  • Hon. Daniel A. Barker, Arizona Court of Appeals, 2006 – 2007

Education & Admissions

  • J.D. Arizona State University Sandra Day O’Connor College of Law, 2006; magna cum laude
  • B.A., Political Science, Washington State University, 2003; with honors
  • Admitted to practice in Arizona (active) and Oregon (inactive)

Marki Stewart
Rated by Super Lawyers


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