The SW Health Law Checkup is written by the attorneys of Snell & Wilmer to provide their insight on an array of regulatory and compliance matters related to federal and state fraud and abuse laws and regulations, reimbursement, credentialing and employment of providers, joint ventures and physician-entity integration, best practices in compensation and contracting, value-based purchasing and contracting with providers.
By Derek Flint and Paul J. Giancola As the impact of artificial intelligence on various sectors of the U.S. economy grew in 2023, so did the involvement of regulators and policymakers. One of the most recent — and substantive — regulatory standards is the 916-page final rule, Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information […]
By Derek Flint, Claudia E. Stedman, and Danny McDermott In October 2020, the Centers for Medicare and Medicaid Services (“CMS”) finalized the Transparency in Coverage Rule (“the Rule”), requiring most health insurance plans and issuers offering individual or group coverage to disclose price and cost-sharing information to plan participants and enrollees. The Rule builds on recent […]
Chase Millea recently published a blog post for the Arizona Society of Healthcare Attorneys on the current state of U.S. data privacy laws and their impact on consumers. The full article is available at https://azsha.org/health-app-confusion-another-reason-for-a-comprehensive-federal-data-privacy-framework/
In a 5-4 decision on Friday, June 24, 2022, the United States Supreme Court overturned Roe v. Wade. As a result of the ruling, many individuals across the country will not have access to abortions within 30 days and many states have laws that will ban abortions effective immediately.[1] However, the legal landscape for […]
On March 9, 2020, the Supreme Court of Arizona issued its ruling in Ansley, et al. v. Banner Health Network, et al., 2020 WL 1126300 (2020), finding that hospitals may not utilize Arizona Revised Statutes § § 33-931(A) and 36-2903.01(G)(4) to secure liens against third-party tortfeasors in order to balance bill patients for medical bills […]
Earlier today the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) issued a Request for Information (RFI) seeking public input on the HIPAA Privacy Rule. Specifically, HHS OCR is interested in how the HIPAA Privacy Rule could be modified to further Secretary Azar’s goal of promoting coordinated, value-based health care […]
Arizona physicians must report to the Medical Board “any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of medicine.” A.R.S. § 32-1451(A). In fact, […]
The advent of telemedicine supplies a unique and convenient gateway for patients and providers to connect. The benefits of telemedicine range from increased access to care for patients, to increased efficiency and lower overhead costs for providers. However, as is common with new models of health care delivery, navigating the regulatory landscape can be a […]
The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore creates a potential new strategy for plaintiffs’ attorneys and subjects providers to more severe consequences than previously available in malpractice suits. A […]
Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a treatment or procedure with a patient, including the nature of the proposed procedure, reasonable alternatives, and the relevant risks and benefits […]
