Paul Giancola

Paul Giancola

Snell & Wilmer

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Latest Publications


Navigating the California Corporate Practice of Medicine “CPM” Prohibition

CPM is a variation of the statutory prohibition against unlicensed practice of medicine. CPM states enforce the prohibition against corporations practicing medicine by requiring a separation between medical/clinical decisions...more

2/20/2017 - Corporate Practice of Medicine Medical License Physicians State Medical Board

Ninth Circuit Upholds Felony Conviction of Urologist, Under FDCA, for Reusing Single-Use Needle Guides During Prostate Biopsies...

In 2014, Las Vegas urologist, Dr. Michael Kaplan, was convicted by a federal jury for reusing single-use plastic needle guides during prostate biopsies. He was convicted of conspiracy to commit adulteration in violation of...more

9/16/2016 - Convictions Criminal Prosecution FDCA Health Care Providers Healthcare Medical Device Accessories Medical Devices Medical Malpractice

The Physician’s Self-Referral Law – Are Changes Finally Coming?

The Physician Self-Referral Law, also known as the Stark law, prohibits a physician from referring federal health care program patients for “designated health services” to an entity in which the physician (or an immediate...more

8/8/2016 - Anti-Kickback Statute CMS Health Care Providers Healthcare Medicaid Medicare Patient Referrals Physicians Senate Finance Committee Stark Law Ways and Means Committee

Arizona Supreme Court Confirms Abolishment of Original Tortfeasor Rule

For more than thirty years, Arizona law has allowed juries to allocate fault among all who contribute to an injury. On July 18, 2016, the Arizona Supreme Court unanimously re-affirmed Arizona’s commitment to “comparative...more

7/28/2016 - AZ Supreme Court Medical Malpractice

HIPAA Violation — Pharmacy Held Liable for Employee’s Misdeeds

Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records.  Given the...more

1/26/2015 - Appeals HIPAA Jury Verdicts Patient Confidentiality Breaches Pharmaceutical Industry Unauthorized Disclosure Vicarious Liability Walgreens

Treating chronic pain can be risky for physicians

Opioids are the mostprescribed class of prescription medications in the United States. Physicians are the legal gatekeepers for prescription medications to treat chronic pain. Over the last 10 years, prescriptions for opioid...more

4/23/2014 - Medicaid Medical Malpractice Pain Management Clinics Pharmaceutical Industry Physicians Prescription Drugs

Can Accountable Care Organizations Hit the Trifecta: Improve Quality, Reduce Cost, and Increase Physician Compensation?

The New York Times recently reported that it found that the amount paid by a patient’s insurance plan for a routine colonoscopy varies significantly: between $740 and $8,500, depending upon the location, the particular...more


Health Care Reform Expands Physicians’ Liability

The Patient Protection and the Affordable Health Care Act (“ACA”) is designed to reduce the cost of health care and to improve quality of care. To achieve these goals, the ACA relies, in part, on Accountable Care...more

11/26/2013 - Affordable Care Act Health Care Providers Healthcare Healthcare Reform Physicians Professional Liability

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