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About This BlogThe 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.
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. However, the legal landscape for both patients and providers in Arizona is less clear. With Friday’s ruling, many reproductive health and abortion providers have halted abortion procedures for women in Arizona, citing the complexity of this state’s current entanglement of laws. The first issue comes from a 1901 law that was passed before Arizona was even a state. The Territorial Legislature’s law made it illegal to perform an abortion or administer any medication that induced a miscarriage unless the procedure was being used to save a woman’s life. Any person who violated this law could be punished with a two-to-five-year prison sentence. In 1973, the pre-Roe law was superseded by Roe v. Wade, found to be unconstitutional by the Arizona Court of Appeals, and was subsequently enjoined by an Arizona superior court judge. In March 2022, the … Continue reading
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