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Information Technology

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Driven by twin goals of improved patient safety and operational efficiency, the healthcare industry now has one of the highest adoption rates for new technology and innovation. However, with that innovation comes risk. Healthcare providers throughout the United States – as well as healthcare information technology companies –  turn to Waller for advice and counsel on privacy and security regulations for patient records, information systems licensing, technology licensing, and outsourcing relationships. Our specific experience includes:

  • Electronic Health Records
  • HITECH, HIPAA, Privacy, and Identity Protection
  • Information Technology Licensing
  • Data Breaches
  • Transactional Matters


By understanding the demands and needs of their business and clinical operations as well as the regulatory scheme surrounding them, we help hospitals and other providers of healthcare services navigate the complexities of health information technology, intellectual property, and evolving federal regulations. Clients appreciate our experience and ability to demystify complex issues—they know we're not just interpreting the law, but working with them to achieve their organizational goals.

Electronic Health Records

With the goal of utilizing electronic health records for every individual in the United States, the HITECH Act includes financial incentives for hospitals and physicians to promote the use of health information technology. Although participation in the incentive program is voluntary, the HITECH Act includes penalties for hospitals and physicians that do not adopt the use of electronic health records by 2015. Waller assists eligible providers with developing the policies and procedures needed for the implementation of health information systems and electronic health records in compliance with federal policies and standards.

Revenue Cycle Management

One of the fastest growing sectors in healthcare, Revenue Cycle Management (RCM), focuses on the development of customized information technology applications and systems to manage, automate and integrate the administrative processes of patient intake and claims management. Waller represents RCM companies developing innovative technology solutions to manage the entire patient lifecycle – from admission and eligibility verification, to referrals, claims submission, clinical care, pharmacy and post-discharge monitoring.

RCM products and services enable providers and payors to increase productivity, reduce errors, manage costs and speed reimbursement. These clients rely on us for assistance with licensing agreements, intellectual property protection, outsourcing arrangements, mergers and acquisitions, commercial finance transactions and  federal and state healthcare regulatory matters, including patient privacy issues and  false claims statutes. RCM companies – as well as providers and payors implementing RCM solutions – appreciate Waller's intellectual property resources, in-depth experience with healthcare infrastructure solutions and our unique understanding of the healthcare industry and regulatory environment.

Information Technology Licensing

Three of the six largest investor-owned hospital systems in the United States rely on Waller as their primary outside counsel for Information Technology and Intellectual Property matters. Our attorneys have provided counsel on hundreds of software licensing matters ranging in value from $2 million to $2 billion within the healthcare industry. We also represent clients that license information technology to healthcare providers. This combination of experience provides a critical advantage when we assist clients in negotiating agreements between licensors, licensees, buyers, sellers, and third-party hardware and software providers.

Transactional Matters

Our in-depth understanding of the software licenses, hardware contracts, outsourcing arrangements and confidentiality agreements also benefits our healthcare clients in mergers and acquisitions. Intellectual property due diligence is an important component in both the success of a transaction and operations after the deal has closed. Our attorneys have extensive experience reviewing copyright and patent licenses (including software and database licenses) to determine whether they contain express language permitting their assignment following a merger or acquisition.
 

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