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 and patient access 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), compliance with opioid treatment laws and regulations, health information exchange (HIE), 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 assists her clients, which range from innovative start-up companies to large healthcare organizations and health plans, in structuring real world policies, programs and agreements to ensure that their healthcare practices are compliant with state and federal laws, while maximizing client goals.

Representative Matters

  • Working with community health information exchanges and health care providers 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 safeharbor requirements, revising contracts, updating/creating supporting forms, and providing workforce and community education/training sessions.
  • Advised consumer-facing mobile application companies that partner with health plans and health care providers on structuring innovation solutions for collecting and integrating social deteriminants of health (SDOH) data, 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., SDOH referrals, patient/provider matching and scheduling platforms, electronic behavioral health records, telemedicine, artificial intelligence) in compliance with data privacy laws.
  • Assisted in the representation of health systems in responding to data breaches and Office for Civil Rights investigations.
  • Assisted in advising the Food and Drug Administration on its Sentinel Initiative, a national electronic distributed network to monitor product safety.

Publications & Speeches

  • 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)

Activities & Memberships

  • 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 – present) (research into consent management tools for Part 2 compliance)
  • Member, Human Subjects Review Board, Arizona Department of Health Services (2019 – present)
  • Member, Board of Directors, Arizona Society of Healthcare Attorneys (2018 – present)
  • Member, Arizona Society of Healthcare Attorneys (2015 – present)
  • Member, Advisory Committee, ASU School of Nursing Health Care Compliance and Regulations Baccalaureate Degree Program (2018 – present)
  • Member, American Health Lawyers Association (2015 – present)
  • Former Board Secretary and Member, Gabriel’s Angels Board of Young Professionals (2013 – 2016)
  • President, Greenfield Park Homeowners Association (2016 – 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

  • 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
  • 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
  • S. Court of Appeals, Ninth Circuit, 2012
  • S. District Court, District of Arizona, 2012
  • Arizona Supreme Court, 2012