Scott Bennett

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Scott helps clients comply with U.S., state, and international privacy and data security laws. He helps clients navigate data breaches and other privacy and security incidents, and to respond to investigations by the HHS Office for Civil Rights and other government agencies. Scott advises clients on a wide range of privacy laws and requirements, including:

  • State comprehensive privacy laws
  • HIPAA, the 42 CFR Part 2 regulations, and state medical-privacy laws
  • International privacy laws, including the GDPR, the ePrivacy Directive, and the UK’s Privacy and Electronic Communications Regulations (PECR)
  • The Children’s Online Privacy Protection Act (COPPA)
  • The laws and regulations that apply to digital marketing and fundraising, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and the FTC’s Telemarketing Sale Rule.

Scott has obtained certifications in both U.S. and European privacy law from the International Association of Privacy Professionals (CIPP/US and CIPP/E).

Scott also has extensive experience representing hospitals, healthcare providers, and other companies in the healthcare industry. He advises healthcare clients on issues of privacy and data security, as well as compliance with the Stark Law, Anti-Kickback Statute, Civil Monetary Penalties Law, False Claims Act, and the regulatory requirements for clinical research and biospecimens. Scott represents healthcare clients in data breaches; disciplinary proceedings by professional licensing boards; internal investigations; and investigations by government agencies (including the HHS Office for Civil Rights, the HHS Office of the Inspector General, the FBI, and the Arizona Attorney General).

Representative Matters

  • Assisted health care and other companies in investigating and responding to data breaches and other security incidents.
  • Advised health care technology companies to help them structure business arrangements in a way that complies with the Stark Law, Anti-Kickback Statute, and other fraud and abuse laws.
  • Guided hospitals through FDA audits of their Institutional Review Boards (IRBs) and assisted in helping to develop policies for IRBs.
  • Represented corporations and individuals in investigations and enforcement actions by the FBI, Department of Justice, state Attorney General’s Office, local police, Medicare, and AHCCCS (Arizona’s Medicaid program).

Awards & Recognitions

  • The Best Lawyers in America©: Criminal Defense: Non-White-Collar (2012 – 2018); Criminal Defense – General Practice (2018 – present); Health Care Law (2020 – present)
  • Southwest Super Lawyers: Business Litigation (2018 – present)
  • Southwest Super Lawyers Rising Stars (2012)

Publications & Speeches

  • Contributor, “New Threats to Cybersecurity Call for Vigilance, Preparation,” Healthcare Risk Management (Sept. 1, 2021)
  • Author, “Proactively Plan for Consumer Privacy Laws,” In Business (July 2021)
  • Contributor, “Hazards of Home,” AZ Business (Nov.10, 2020)
  • Contributor, “$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers,” Healthcare Risk Management (Nov. 1, 2020)
  • Co-Author, “A Framework for Innovation,” American Health Law Association, Connections Magazine (Sept. 2020)
  • Co-Author, “Role of Technology in Delivering Health Care: Artificial Intelligence, Virtual and Augmented Reality, and Three-Dimensional Printing,” chapter in Health Law Watch, American Health Law Association (May 2020)
  • Co-author, “New and Improved: Updated State and Federal Telemedicine Laws in the Era of COVID-19,” Coppersmith Briefs (Apr. 2020)
  • Co-author, “CMS and OIG Relax Requirements of Stark Law and Anti-Kickback Statute during COVID-19 Crisis,” Coppersmith Briefs (Apr. 2020)
  • Presenter, “They’re Here – Exorcising Intruders in your Connected Devices,” American Health Law Association, Physicians & Hospitals Law Institute (Feb. 2020)
  • Presenter, “Artificial Intelligence in Healthcare: The Legal Framework,” Webinar for American Health Law Association (Feb. 2020)
  • Author, “Patient Privacy in an Era of Big Data and Artificial Intelligence,” American Health Law Association Connections Magazine (Jan. 2020)
  • Presenter, Artificial Intelligence in Health Care, Arizona Society of Healthcare Attorneys (Jan. 2020)
  • Co-Author (with Melissa Soliz), Arizona law chapter, Corporate Practice of Medicine: A 50 State Survey (2nd ed., Jan. 2020)
  • Author, “Here’s What the California Consumer Privacy Act Means for Arizona Businesses,” Az Business (Sept. 2019)
  • Co-Presenter (with Marki Stewart, 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)
  • Co-Author (with Elizabeth F. Hodge and Gerard M. Nussbaum), “Securing Connected Devices in Health Care: Taking Proactive Action,” Journal of Health & Life Sciences, American Health Law Association (Jun. 2019)
  • Co-Editor (with Elizabeth F. Hodge and Gerard M. Nussbaum), “Connected Devices in Health Care,” Member Briefing for the American Health Law Association (Jan. 2019)
  • Co-Presenter (with Melissa Soliz and Erin Dunlap), “Health Care Data for Lawyers,” State Bar of Arizona (Sept. 2018)
  • Co-Author, “Artificial Intelligence in Health Care: Welcome to the Machine,” American Health Law Association Connections Magazine (June 2018)
  • Co-Presenter, “Breaches and Bars: Legal Ethics in Cybersecurity and Data Breaches,” American Health Law Association, Physicians & Hospitals Law Institute (Feb. 2018)
  • Co-Author (with Kristen Rosati and Melissa Soliz), “Unto the Breach, Dear Friends: HIPAA Breach Reporting and OCR Enforcement Actions,” Bloomberg BNA Health Care Program Compliance Guide (forthcoming)
  • Co-Author (with Kristen Rosati), “The Tissue Issue: Legal Compliance in Using Biospecimens for Research,” Wolters Kluwer Health Law and Compliance Update, 2018 Edition
  • Co-presenter (with Kristen Rosati), “Legal Ethics in Cybersecurity and Data Breaches,” Arizona Society of Healthcare Attorneys (Nov. 2017)
  • Panelist, “Cybersecurity for Healthcare Organizations – and Their Counsel,” Sandra Day O’Connor College of Law CLE Seminar (Oct. 26, 2017)
  • Co-panelist (with Melissa Soliz), “Leveraging Big Data in Healthcare: Navigating HIPAA, Stark and AKS Compliance, and Security Issues,” Strafford Publications webinar (Sept.19, 2017)
  • Co-Author, “Office for Civil Rights Investigations, Enforcement Actions and Settlements,” AHLA Conference on Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (Mar. 2017)
  • Co-Author, “Health Care Data Breaches: Practical Advice for Trying Times,” AHLA Journal of Health & Life Sciences Law (Feb. 2017)
  • Moderator, “Ransomware and Cyber Attacks in the Health Care Sector,” AHLA Webinar (Oct. 2016)
  • Co-Presenter, “50 Shades of Confidentiality: The Unwitting Law-Breaking Lawyer,” (cybersecurity for lawyers), Arizona State Bar (Feb. 2015)
  • Presenter, “The Legal Ethics of Social Media,” Arizona Attorneys for Criminal Justice (Jan. 2013)
  • Presenter, “Arizona’s Medical Marijuana Law,” Arizona School of Real Estate and Business (Mar. 2012)
  • Presenter, “Using Social Media for Investigations,” Arizona Attorneys for Criminal Justice (Jan. 2012)
  • Co-Author, “The Continued Expansion of the False Claims Act,” Journal of Health & Life Sciences Law (Oct. 2010)

Activities & Memberships

  • American Health Law Association (AHLA)
    • Vice Chair of Member Engagement, Health Information and Technology Practice Group (2020 – 2021)
    • Chair, Health Information and Technology Practice Group’s, Digital Health Affinity Group (2018 – 2020)
    • Vice Chair of Publications, Digital Health affinity group (2017 – 2018)
    • Member, Leadership development program, Health Information Technology practice group (2016 – 2017)
  • International Association of Privacy Professionals (IAPP) (2017 – present)
    • Arizona KnowledgeNet co-chair (2020 – 2021)
  • Member, Arizona Society of Health Care Attorneys
  • Past Member, Board of Directors, Arizona Attorneys for Criminal Justice
  • Past Member, Board of Directors, From Gangs to Jobs

Clerkships

  • Hon. Ronald Gilman, U.S. Court of Appeals for the Sixth Circuit, 2003 – 2004

Education & Admissions

  • J.D., University of California, Berkley School of Law (Boalt Hall), 2003; Order of the Coif
  • B.A., Arizona State University, 2000; summa cum laude
  • Admitted in Arizona state courts; Arizona District Court; U.S. Courts of Appeals for the Sixth and Ninth Circuits

Best Lawyers Award Badge

Scott M. Bennett
Rated by Super Lawyers


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