Information Technology & Electronic Medical Records

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 U.S. 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 medical records
  • HITECH, HIPAA, Privacy, and Identity Protection
  • Information Technology Licensing
  • Regional Health Information Organizations (RHIOs)
  • 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. While working that closely with our clients, we earn our reputation for responsiveness.

Electronic Medical Records

With the goal of utilizing electronic medical records for every individual in the US by 2014, 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 medical records by 2015. Waller assists eligible providers with developing the policies and procedures needed for the implementation of health information systems and electronic medical 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. 

Regional Health Information Organizations (RHIOs)

Considered one of the building blocks for a national health information network, Regional Health Information Organizations (RHIOs) can serve as an administrative vehicle for supporting investment in, and adoption of, health information technology. Waller assists healthcare providers in the formation of RHIOs, and in their application for tax-exemption.

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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