News and Insights

Visit regularly for up-to-date information on relevant news, firm announcements and additions to our AZ Health Law Blog.

Arizona has recently passed new law[1], and issued new regulations[2], governing physician duties and requirements in prescribing opioid analgesics or benzodiazepines.

The law mandates that, beginning October 1, 2017, physicians must consult a prescription monitoring program (PMP) prior to prescribing an opioid analgesics or benzodiazepine in schedules II-IV.

Under the new regulations, Arizona health care institutions must establish and implement more comprehensive plans and procedures for prescribing or ordering an opioid or administering an opioid.

Physicians who prescribe opioids, and health care institutions licensed by Arizona’s Department of Health Services, should be aware of this new law, and new rule. If you have any questions regarding these new laws, or would like assistance with updating your policies and procedures to conform to these requirements, please feel free to contact Milligan Lawless.

 

[1] SB 1283 (2016), signed by Arizona Governor Doug Ducey in 2016 amended A. R. S. § 36-2606.

[2] 9 AZ Adc. Ch.10, Ariz. Admin. Code R9-10-120.

 

Click Here to Read the Rest of the Article

Read Ashley’s Biography Here

 

Steven T. Lawrence

 

Steve Lawrence Provides Insights to The Ambulatory M&A Advisor

In an article entitled “Failure in an M&A Transaction for the Physician Owner,” Milligan Lawless partner Steve Lawrence provides tips on how to avoid pitfalls during the M&A Transaction Process.

To read the full article Click Here.

 

 

 


Peer reviews have been tallied and once again, Milligan Lawless has received the following distinctions:

2017 “Best Lawyers of America”

Bryan S. Bailey – Health Care Law
James R. Taylor – Health Care Law
Robert J. Itri – Commercial Litigation; Copyright Law;
 Litigation – Intellectual Property; Trademark Law
Robert J. Milligan – Health Care Law
Steven T. Lawrence – Corporate Law

2017 “Best Law Firms”

National Tier 3
Health Care Law
Metropolitan Tier 1- Phoenix
Health Care Law
Metropolitan Tier 2-Phoenix
Commercial Litigation
Corporate Law
Employment Law – Individuals
Employment Law – Management
Labor Law – Management
Litigation – Intellectual Property
Litigation – Labor & Employment
Metropolitan Tier 3-Phoenix
Copyright Law
Trademark Law

We are pleased to announce today that Chambers USA ranked Milligan Lawless, P.C. and 3 of our attorneys among the best in Arizona for 2016.  Among Arizona law firms, Milligan Lawless achieved a Band 1 ranking, Chambers USA’s highest recognition, in the Healthcare practice area.

The firm received the following “Leading Individual” rankings for Phoenix attorneys:

  • Bryan S. Bailey – Healthcare
  • Steven T. Lawrence – Corporate/M&A
  • Robert J. Milligan – Healthcare

Chambers USA is an annual ranking that assesses each law firm and attorney on technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment and other qualities most valued by their clients. Additionally, independent interviews with clients and confidential submissions of law firms are part of the Chambers research and evaluation process.

 

Bryan S. Bailey

Bryan S. Bailey

Robert J. Milligan

Robert J. Milligan

Steven T. Lawrence

Steven T. Lawrence

More than half of the nation’s eligible health care providers and about 80% of eligible hospitals have adopted Electronic Health Records (“EHRs”). This is more than double the number of providers using EHRs one year ago, according to Health and Human Services Secretary Kathleen Sebelius, and exceeds the goals set by the Obama administration.

A Centers for Disease Control and Prevention survey showed that in the year 2008, only 17% of physicians used an advanced EHR system. For hospitals, only 9% used EHRs in 2008.

As part of the incentive to increase the number of providers using EHRs, Medicare and Medicaid instituted the Meaningful Use Program, which makes payments to certain providers and physicians for meeting criteria established by HHS. The incentive payments will be offered until 2016. The use of EHRs and Health IT are being stressed as fundamental to health care quality and efficiency, and are integral elements of the Recovery Act and the Affordable Care Act.

The government believes that the use of EHRs will lead to improved health care coordination, as well as reducing duplicative tests and procedures, and rewarding hospitals for keeping patients healthier.

To read the news release, click here.

Click here for more information about the EHR incentive program.

 

The final rule regarding the “Sunshine Act” was published by the Centers for Medicare and Medicaid Services (“CMS”) on February 1, 2013. This rule interprets the provisions of the physician payment provisions for the Affordable Care Act, and finalizes the creation of a database of the financial relationship between physicians and covered drug and device manufacturers.

This long-awaited rule is intended to increase transparency and “to reduce the potential for conflicts of interest that physicians or teaching hospitals could face as a result of their relationships with manufacturers,” according to the statement released by CMS.

The Sunshine Act establishes guidelines and requirements for certain entities referred to as “applicable manufacturers” to report their financial relationships with physicians. Specifically, manufacturers of drugs, devices, biologicals, and medical supplies covered by Medicare, Medicaid, or the Children’s Health Insurance Program must report to CMS payments or other transfers of value they make to physicians and teaching hospitals. Group purchasing organizations and applicable manufacturers must also disclose physician ownership or investment interests held on or after August 1, 2013.

The Sunshine Act excepts certain types of transfers of value from the reporting requirement, such as incidental items valued at less than $10 and educational materials intended for use with patients. Physicians will be provided an opportunity to review and, if necessary, dispute information reported to CMS.

The final rule implements reporting timelines, and also creates a venue for the public to view the information. Data collection is to begin on August 1, 2013; the first reports to CMS must be filed by March 31, 2014. The data is slated to be released to the public via a CMS website by September 30, 2014.

For information regarding reporting and reviewing information, see the CMS Open Payments website here. See the final rule here.