Category: Legal Alerts

Arizona Court of Appeals Defends the Integrity of Peer Review Privileged Information & Documents

August 26, 2021 By Gust Rosenfeld In Legal Alerts

Recently the Arizona Court of Appeals reiterated that the overriding public interest in hospital peer review proceedings prohibits fishing expeditions into those proceedings. In Takieh v O’Meara, 1 CA-CV 20-0290, the plaintiff wanted a hospital to produce emails related to a particular doctor’s peer review proceedings, or at least a privilege […]

Arizona Court of Appeals Rules that a Health Care Power of Attorney Does Not Authorize the Patient’s Agent to Sign an Arbitration Agreement

May 26, 2021 By James W. Kaucher In Legal Alerts

May 26, 2021 – In Heaphy v. Willow Canyon Healthcare, Inc., 2 CA-CV 2020-0113 (App. May 18, 2021), the Arizona Court of Appeals held that a health care power of attorney (“HPOA”) did not authorize the patient’s representative to execute an arbitration agreement. Although the HPOA authorized the patient’s representative to […]

New Law Provides Health Care Providers and Others Immunity from Civil Claims Related to COVID-19 Injuries or Deaths

April 22, 2021 By Gust Rosenfeld In Legal Alerts

April 22, 2021 – Arizona health care professionals and institutions, as well as businesses and governmental entities, are now protected against most civil claims related to COVID-19 injuries or deaths. SB 1377, signed by Governor Ducey on April 5, 2021, enacted two statutes that give limited immunity for specific acts […]

OCR’s Release of Civil Rights Data Results Draws Media Requests About Possible Discrepancies

April 5, 2021 By Brittany J. Reed In Legal Alerts

April 5, 2021 – The Office of Civil Rights’ (“OCR”) release of its 2017-2018 Civil Rights Data Collection (“CRDC”) results has prompted recent media inquiries to certain Arizona districts regarding possible reporting discrepancies related to students who are eligible for services under IDEA or Section 504. If you receive notice […]

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