Melissa Soliz
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Melissa Soliz is a partner with Coppersmith Brockelman, PLC in Phoenix, Arizona. Her regulatory health law practice focuses on compliance with data privacy, access and interoperability laws (such as HIPAA, 42 C.F.R. Part 2, the ONC Information Blocking Rule, the CMS Interoperability and Patient Access Rule, and state laws), health information exchange (HIE) (including the Trusted Exchange Framework and Common Agreement (TEFCA)), behavioral health/substance use disorder law issues, data breaches and OCR investigations, as well as clinical research compliance and contracting. Melissa regularly speaks in local and national forums on these topics and has been active in state and federal policy making on data privacy and HIE issues. She is the President of the Arizona Society of Healthcare Attorneys and is recognized by Best Lawyers© and Southwest Super Lawyers: Rising Stars© for her work in health law.
Representative Matters
- Worked with community health information exchanges, health care providers and health plans to understand and create compliance programs for compliance with the ONC Information Blocking Rule and the CMS Interoperability and Patient Access Rule, including evaluating/assessing practices, crafting information blocking policies and procedures to satisfy safe harbor requirements, revising contracts, updating/creating supporting forms, and providing workforce and community education/training sessions.
- Advised consumer-facing mobile application companies who partner with health plans and health care providers on structuring innovation solutions for collecting and integrating social determinants of health (SDOH) data, advancing health equity, facilitating care coordination, and supporting research.
- Advised multiple health systems, hospitals, and health plans on establishing and implementing their 42 C.F.R. Part 2 (Part 2) compliance program, including crafting Part 2 data use policies and procedures, consent forms, drafting/negotiating contracts with vendors, and giving informational presentations/training sessions on Part 2 compliance.
- Worked with statewide health information organizations (HIOs) and health information networks (HINs) on integrating Part 2 information into their health information exchanges and care coordination platforms, including drafting/negotiating contracts with providers and health IT developers, developing policy content, and design elements.
- Worked on regional and national clinical data sharing collaborations among HIOs and individual HIO-to-HIO data sharing arrangements, collectively serving more than 177 million patients.
- Worked with cutting-edge technology companies to offer a variety of technology solutions in the health care space (g., TEFCA connections, SDOH referrals, health equity solutions, patient/provider matching and scheduling platform, EMRs/patient portals, telemedicine, artificial intelligence) in compliance with data privacy laws.
- Assisted in the representation of health systems in responding to data breaches and OCR investigations.
- Assisted in advising the Food and Drug Administration on its Sentinel Initiative, a national electronic distributed network to monitor product safety.
Awards, Recognitions & Certifications
- PHOENIX Magazine: Top Lawyers (2022)
- Southwest Super Lawyers Rising Stars: Health Care (2022)
- The Best Lawyers in America©: Health Care Law (2021 – present)
- Phoenix Business Journal: Rising Star in Law (2021)
- Certificate of Completion: Sequoia Project Information Blocking Compliance Bootcamp (2021)
- Certificate of Completion: Sequoia Project Information Blocking Compliance Bootcamp (2020)
Publications & Speeches
- Co-presenter (with Cassie Weaver, ONC, and Kellie Manders, Atlas), “Health Data Regulatory Update: HIPAA NPRM, Information Blocking, CMS Interoperability, TEFCA, 42 CFR Part 2, Data Security and More!” Arizona Society of Healthcare Attorneys, Arizona Health Law Conference & Annual Meeting (February 24, 2023)
- Author, “Expanded CMS Interoperability and Prior Authorization Requirements: What Payers, Providers and their Technology Vendors Need to Know,” Coppersmith Briefs (February 7, 2023)
- Co-author (with Kristen Rosati), What’s the Big Deal?: Data Privacy Issues Involving “Big Data” and Genomics Deals, AHLA Academic Medical Centers and Teaching Hospitals Institute and Physicians and Hospitals Institute Conference (Jan. 30-31, 2023)
- Co-author, “TEFCA: How It Works in Tandem With Your HIE,” Contexture (January 26, 2023)
- Co-author, “Has the Eagle Landed?: HHS’ Proposed Changes to 42 CFR Part 2 to Align Substance Use Disorder Privacy Protections with HIPAA,” Coppersmith Briefs (December 28, 2022)
- Presenter, “To Boldly Go: Meeting Interoperability Requirements Under the 21st Century Cures Act,” American Health Law Association Webinar (December 7, 2022)
- Presenter, “Piecing It Together: Complying with Health Information and Privacy Laws,” 2022 Scottsdale Regional Healthcare Compliance Conference (November 4, 2022)
- Presenter, “Exploring Pathways: Careers in Health Law,” University of Arizona Health Law Society (October 24, 2022)
- Presenter, “Cures Act, TEFCA & Info Blocking: What You Need to Know,” Arizona State University College of Health Solutions Biomedical Informatics (October 7, 2022)
- Panelist, “Sharing is Caring: Stakeholder Perspectives on Information Blocking Compliance,” HIMSS Interoperability and HIE Committee Webinar (Sept. 28, 2022)
- Co-presenter (with Christopher Bender, Michael Corcione and Bradley Perry), “Health Data Literacy for Attorneys: Privacy, Security, Breaches, Ethical Considerations and So Much More,” State Bar of Arizona Webinar (Sept. 16, 2022)
- Co-presenter (with Annie Harrington), “TEFCA: Interoperability from State to State,” Annual Arizona HIE Summit & Trade Show (Sept. 20, 2022)
- Presenter, “What’s New with HIPAA: Proposed Changes to the HIPAA Rules,” Arizona Health Information Management Associate (AzHIMA), 2022 Annual Meeting (June 9, 2022)
- Presenter, “Electronic Health Information (EHI) Expansion and the Information Blocking Rule (IBR): What to Expect after October 6, 2022,” AzHIMA, 2022 Annual Meeting (June 9, 2022)
- Co-author, “TEFCA: Has the Future for Nationwide Data Exchange Arrived?,” American Health Law Association (AHLA), Health Information and Technology Practice Group, Member Briefing (May 6, 2022)
- Co-author, “Perceptions and Concerns of SUD Treatment Organizations Regarding the CARES Act’s Alterations to Patient Confidentiality Regulations,” AHIMA Journal: Perspectives in Health Information Management (vol. 19, issue 2, May 2022)
- Co-presenter (with Tyler Golden), “Information Blocking: What Health Care Providers Need to Know,” Nashville Healthcare Privacy Network (March 24, 2022)
- Presenter, “Technology Start-Ups and the Data,” ASU Sandra Day O’Connor College of Law (March 22, 2022)
- Presenter, “TEFCA: The Common Agreement,” Civitas Networks for Health Webinar Series (March 3, 2022)
- Presenter, “Breaking it Down: Information Blocking for Health Care Providers,” Arizona State University Edson College of Nursing and Health Innovation Health Care Compliance & Regulation Speaker Series (March 2, 2022)
- Co-presenter (with Susan Russo, Cassie Weaver, and James Maguire), “It’s All About the Data: Compliance with Health Data Privacy, Security and Access Laws,” AzSHA Health Law Conference (February 25, 2022)
- Co-presenter (with Gerard Nussbaum and Marti Arvin), “Getting the Data Out: Compliance with the Information Blocking Rule and Interoperability Requirements,” AHLA Physicians and Hospitals Law Institute Annual Meeting (February 2-3, 2022)
- Author, “What You Need Know about TEFCA: The Common Agreement,” Coppersmith Briefs (February 2, 2022)
- Author, “If You Build It, They Will Come: Implementing the CMS Patient Access API and Payer-to-Payer Exchange Requirements,” AHLA Journal of Health and Life Sciences Law (December 2021)
- Co-presenter (with Elliot Golding), “Data Roundup: Changes to Health Data Privacy, Security & Access Rules,” Washington Health Law Summit (December 6, 2021)
- Presenter, “Data Dump: Changes to Health Data Laws in 2020 and 2021,” Arizona State University’s Health Care Compliance and Regulations (HCCR) program (December 3, 2021)
- Co-Author (with Helen Oscislawski), “Legal Corner: At the Click of a Button,” Arizona Physician (November 15, 2021)
- Presenter, “Evolving Data Policy: What Health Care Providers Need to Know about USCDI v2,” Arizona Health Information Management Association 2021 Fall Meeting (October 29, 2021)
- Presenter, “Information Blocking Update: What Health Care Providers Need to Know,” Health Current Summit (October 13, 2021)
- Co-Presenter, (with Joanne Charles, Elliot Golding), “Got Data?: How the Health Data Rules are Changing,” Arizona Society of Healthcare Attorneys (September 23, 2021)
- Contributor, Year in Review Developments, American Health Law Association (AHLA), Physicians and Hospital Institute Feb. 2022; Physicians and Hospital Law Institute Feb. 2021; Annual Meeting June 2021
- Co-Presenter (with Annie Harrington), “The Privacy, Security, Preventing Harm and Health IT Performance Safe Harbors,” Strategic Health Information Exchange Collaborative (SHIEC) 3-Part Webinar Series (May 20, 2021)
- Co-Presenter (with Ammon Fillmore), “The Content & Manner, Fees, Licensing and Infeasibility Safe Harbors,” Strategic Health Information Exchange Collaborative (SHIEC) 3-Part Webinar Series (May 3, 2021)
- Co-Author (with Josh Mast and Ammon Fillmore), “Ready? Set. Go! IBR Compliance Is Here,” American Health Law Association (April 30, 2021)
- Presenter, “Information Blocking 101 for HIEs,” Strategic Health Information Exchange Collaborative (SHIEC) 3-Part Webinar Series (April 26, 2021)
- Presenter, “The No Information Blocking Rule,” Arizona State University’s Health Care Compliance and Regulations (HCCR) program (April 20, 2021)
- Co-Author (with Caitlin Donovan), “Mother, MUST I?: Compliance with the Information Blocking Regulations Presentation White Paper,” American Health Law Association Virtual Physicians and Hospitals Law Institute (February 10-12, 2021)
- Co-Presenter (with Josh Mast and Ammon Fillmore), “Mother, MUST I?: Compliance with the Information Blocking Rule,” American Health Law Association (January 25, 2021)
- Co-Author (with Erin Dunlap and Kristen Rosati), “Proposed Changes to the HIPAA Privacy Rule: The Good, The Bad and The Ugly – An Operational Perspective,” Coppersmith Briefs (January 25, 2021)
- Co-Author, Coppersmith Brockelman Information Blocking Toolkit for Health Care Providers (December 2020)
- Author, “CMS Proposed Expansion of Interoperability Requirements for Impacted Payers,” Coppersmith Briefs (December 14, 2020)
- Co-Presenter, “What Does Interoperability Mean?” Arizona Society of Healthcare Attorneys (November 20, 2020)
- Co-Presenter (with Chase Millea), “The Privacy of Health Information and the Judicial System?” Maricopa County Public Defenders’ Office (November 18, 2020)
- Presenter, “Data Privacy and Security for Law Firms,” National Association for Legal Professionals of Phoenix (November 12, 2020)
- Presenter, “Putting Patients in Charge: CMS Interoperability and Patient Access Final Rule,” Arizona Health Information Management Association Virtual Conference (November 4, 2020)
- Presenter, “The New Kid on the Block: Information Blocking Compliance for Health Care Providers and Health Information Networks,” Arizona Health Information Management Association Virtual Conference (November 4, 2020)
- Co-Author (with Erin Dunlap and Kristen Rosati), “Just in Time Delay: ONC Extends Information Blocking Compliance Deadline to April 5, 2021,” Coppersmith Briefs (October 29, 2020)
- Co-Presenter, “Overview of New Federal Rules: Information Blocking, Patient Access & Medicare Conditions of Participation,” Health Current Summit (October 14, 2020)
- Co-Presenter, “Breaking it Down: Information Blocking and CMS CoP Alerts for Hospitals,” Webinar Co-hosted by LACIE, MHC, Tiger Institute (August 17, 2020)
- Co-Presenter, “ONC & CMS Interoperability Rules – A Primer & Deep Dive on Information Blocking,” Health Current (July 21 & 28, 2020)
- Author, “Regulatory Changes to Substance Use Disorder Privacy Law,” Coppersmith Briefs (July 17, 2020)
- Presenter, “Information Blocking: What Behavioral Health Care Providers Need to Know,” AZ Council of Human Service Providers (July 16, 2020)
- Presenter, “Clinical Research and HIPAA Research Rules,” Phoenix Chapter of the Association of Clinical Research Professionals (July 15, 2020)
- Presenter, “Behavioral Health Regulatory Update,” AZ Council of Human Service Providers Community Forum (July 10, 2020)
- Presenter, “Information Blocking: What Health Care Providers Need to Know,” Arizona Society of Healthcare Attorneys (June 25, 2020)
- Presenter, “ONC Cures Act Final Rule: Compliance in Focus for SHIEC Members,” SHIEC Advocacy Committee Webinar (June 18, 2020)
- Co-Presenter (with Chase Millea), “Regulatory Update: ONC and CMS Final Information Blocking Rules,” HiMMS Arizona Chapter (June 2, 2020)
- Author, “OIG Penalties for Information Blocking,” Coppersmith Briefs (Apr. 27, 2020)
- Co-Author (with Erin Dunlap), “COVID-19 TCPA Emergency Exception for Robocalls and Texts from Health Care Providers and Government Officials,” Coppersmith Briefs (Apr. 16, 2020)
- Co-Author (with Erin Dunlap), “OCR Waives HIPAA BAA Requirements to Participate in Public Health and Health Oversight Activities,” Coppersmith Briefs (Apr. 2, 2020)
- Co-Author (with Kristen Rosati and Erin Dunlap), “Communicating with First Responders about Patient COVID-19 Status,” Coppersmith Briefs (Mar. 31, 2020)
- Co-Author (with Kristen Rosati and Erin Dunlap), “Communicating with Health Care Employees about Patient COVID-19 Status,” Coppersmith Briefs (Mar. 30, 2020)
- Co-Author (with Kristen Rosati and Erin Dunlap), “The CARES Act: Sweeping Changes to Substance Use Disorder Privacy Law (42 USC 290dd-2),” Coppersmith Briefs (Mar. 30, 2020)
- Co-Presenter (with Chase Millea), “The Privacy of Health Information and the Judicial System: HIPAA, 42 CFR Part 2 and State Law,” Pinal County Justice System (Feb. 26, 2020)
- Co-Presenter (with Lauren Weinzweig), “Privacy Survey: HIPAA, 42 CFR Part 2, GDPR and state laws,” Arizona Society of Healthcare Attorneys (AzSHA) Arizona Health Law Basics Conference (Jan. 14, 2020)
- Co-Author (with Kristen Rosati), “Data Sharing in Genomics and Big Data Deals,” AHLA Academic Medical Centers and Teaching Hospitals Institute Conference (Jan. 30-31, 2020)
- Co-Author (with Scott Bennett), “Arizona Chapter, AHLA Corporate Practice of Medicine,” AHLA (Jan. 2020)
- Author, “Don’t Let Privacy Protections Be The Enemy Of Good: How privacy laws are stymieing efforts to most effectively treat substance use disorders and combat the opioid epidemic,” Journal of Health Care Compliance (Nov. 2019)
- Co-author (with Benjamin Runkle and D’Arcy Downs-Vollbracht), “Arizona – Response to Opioid Crisis and Opioid Prescribing Requirements,” American Health Lawyers Association (Nov. 2019)
- Co-author (with Kristen Rosati), “Data Sharing Through the National Patient-Centered Clinical Research Network,” PCORnet (forthcoming)
- Co-author (with Kristen Rosati), “Sentinel System: Data Sharing for Public Health Activities and Data Use Agreements,” Sentinel (forthcoming)
- Co-presenter (with Erin Dunlap), “Access to Health Care Records for Workers Compensation Purposes,” State Bar of Arizona (Sept. 2019)
- Author, “Courtesy Notification re: Proposed Changes to 42 CFR Part 2,” Coppersmith Brockelman PLC (Aug. 23, 2019)
- Author, “Courtesy Notification re: TEFCA Draft 2,” Coppersmith Brockelman PLC (May 21, 2019)
- Author, “Courtesy Notification re: ONC/CMS Proposed Interoperability Regulations,” Coppersmith Brockelman PLC (Apr. 24, 2019)
- Presenter, “Integrating Behavioral Health Information: Compliance with 42 CFR Part 2, HIPAA and State Confidentiality Laws,” Arizona Health Information Management Association Annual Meeting (Jun. 14, 2019)
- Co-author (with Rebecca Frigy Romine), “ONC/CMS Extends Comment Period for Proposed Rules on Interoperability and Information Blocking,” American Health Lawyers Association (May 20, 2019)
- Co-presenter (with Patricia Burnett, Dr. David Hanekom, and Professor Heather Ross), “Blockchain and Healthcare,” Sandra Day O’Connor College of Law, Arizona State University (Mar. 2019)
- Presenter, “Sharing Mental Health with Family and Friends Involved in Care,” Community Legal Services/Mercy Care Adult Care Community Meeting (Nov. 7, 2018, May 30 & 31, 2019)
- Guest Lecturer, “The Opioid Epidemic: Combatting Opioid Misuse Through Regulation,” ASU College of Nursing and Health Innovation, Healthcare Compliance (Nov. 8, 2018)
- Presenter, “Creating an Opioid Compliance Program to Meet Arizona Licensing Regulations,” Arizona Hospital and Healthcare Association (Sept. 18, 2018)
- Co-presenter (with Scott Bennett, Erin Dunlap, and Dave Kinsey), “Health Care Data for Lawyers,” State Bar of Arizona (Sept. 2018)
- Co-author (with Karen Owens), “Arizona Opioid Compliance Toolkit for Outpatient Clinics,” Arizona Hospital and Healthcare Association (July 2018)
- Co-author (with Karen Owens), “Arizona Opioid Compliance Toolkit for Hospitals and Outpatient Surgery Centers,” Arizona Hospital and Healthcare Association (July 2018)
- Presenter, “Introduction to 42 C.F.R. Part 2,” Health Current Seminar on Part 2 and the Health Information Exchange: Applying Federal Substance Abuse Treatment Regulations (42 C.F.R. Part 2) to Health Information Exchanges (HIEs) (July 25, 31; Aug. 30; Sept. 11, 2018)
- Co-Presenter (with Janice Dinner), “The Opioid Epidemic: Combatting Substance Abuse through Regulating Health Care,” the Arizona Society of Health Attorneys (AzSHA) (July 19, 2018)
- Presenter, “Comply with 42 C.F.R. Part 2 & Combat the Opioid Epidemic,” AudioEducator (July 6, 2018)
- Presenter, “Changes in Health Information Rules and Regulations: HIPAA Research Rules, HIPAA/OHRP Intersections, Substance Use Disorder Research and NIH Policies,” Arizona Biomedical Research Commission (Apr. 2018)
- Co-author (with Kristen Rosati), “Data Sharing for Clinical Integration and other ‘Big Data’ Initiatives,” AHLA Fundamentals of Health Law, seventh edition (Apr. 2018)
- Guest Lecturer, “The Opioid Epidemic: Combatting Substance Abuse Through Regulating Health Care,” ASU College of Nursing and Health Innovation, Healthcare Compliance (Feb. 20, 2018)
- Co-author (with Kristen Rosati, Naomi Jorgensen, and Barbara J. Evans), “Sentinel Initiative Principles and Policies: HIPAA and Common Rule Compliance,” Sentinel (Feb. 1, 2018)
- Co-panelist (with Erin Dunlap & Chase Millea), “Substance Use Treatment: Revised Part 2 Regulations Compliance,” Strafford Publications webinar (Oct. 24, 2017)
- Co-author (with Kristen Rosati), “Privacy Compliance in Clinical Research,” Bloomberg Law (Oct. 2017)
- Co-author (with Kristen Rosati), “White Paper: Part 2 Challenges for HIOs,” presented at SHIEC Annual Conference (2017)
- Co-panelist (with Scott Bennett & Shira Hauschen, “Leveraging Big Data in Healthcare: Navigating HIPAA, Stark and AKS Compliance, and Security Issues,” Strafford Publications webinar (Sept. 19, 2017)
- Co-author (with Kristen Rosati & Scott Bennet), “Unto the Breach, Dear Friends: HIPAA Breach Reporting and OCR Enforcement Actions,” Bloomberg BNA Health Care Program Compliance Guide
- Co-author (with Kristen Rosati), “Data Sharing for Clinical Integration and other ‘Big Data’ Initiatives,” AHLA Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
- Co-author (with Naomi Jorgensen & Scott Bennett), “Office for Civil Rights Investigations, Enforcement Actions and Settlements,” AHLA Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
- Author, “Fixing Fixation: The RAM Copy Doctrine,” 43 Ariz. St. L.J. 181 (2011)
Activities & Memberships
- President, Arizona Society of Healthcare Attorneys (2021 to present)
- Member, Sequoia Project Information Blocking, Information Blocking Workgroup (May 2020 to present)
- Good Practices Task Group (January 2022 to December 2023)
- HIE Subgroup (January 2021 to December 2022)
- Member, Board of Directors, Rosie’s House (July 2020 to present)
- Student Advisor, HIM Topics, Central Arizona College (June 2020 to present)
- Member, MDC Advisory Board: My Data Choices (2019 to present) (research into consent management tools for Part 2 compliance)
- Member, Human Subjects Review Board, Arizona Department of Health Services (2019 to present)
- Member, Board of Directors, Arizona Society of Healthcare Attorneys (2018 to present)
- Professions Council for Edson College of Nursing and Health Innovation, BS in Healthcare Compliance and Regulations (2018 – present)
- Member, Arizona Society of Healthcare Attorneys (2015 to present)
- Member, American Health Lawyers Association (2015 to present)
- Former Board Secretary and Member, Gabriel’s Angels Board of Young Professionals (2013 to 2016)
- President, Greenfield Park Homeowners Association (2016 to present)
Clerkships
- En Banc Law Clerk for the Hon. Mary Schroeder, U.S. Court of Appeals for the Ninth Circuit (2011 – 2012)
- Extern for the Hon. Susan Bolton, U.S. District Court, District of Arizona (Spring 2011)
- Extern for the Hon. Patricia Orozco, Arizona Court of Appeals (Spring 2010)
- Extern for the Hon. Donn Kessler (Summer 2009)
Education & Admissions
- J.D., Arizona State University, 2011, summa cum laude; salutatorian; John S. Armstrong Award (the law school’s highest honor); Order of the Coif; Order of Barristers; Law, Science and Technology Certificate in Intellectual Property; Pro Bono Distinction; Executive Articles Editor, Arizona State Law Journal; Pedrick Scholar
- B.A., History and B.A., Political Science, Arizona State University, 2006, summa cum laude; ASU History Alumni Award for Excellence in Undergraduate Studies (May 2005); Feldt-Barbanell Women’s History Award (May 2005); ASU College of Liberal Arts and Sciences Dean’s List
- Admitted in Arizona, 2012
- U.S. Court of Appeals, Ninth Circuit, 2012
- U.S. District Court, District of Arizona, 2012
- Arizona Supreme Court, 2012
