Waller Lansden’s health information technology attorneys assist healthcare providers throughout the United States with privacy and security regulations for patient records, information systems licensing, technology licensing and outsourcing relationships. For more than 40 years we have helped hospitals, outpatient services providers and physician practices navigate the complexities of health information technology, intellectual property and evolving federal regulations. The passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act with the 2009 federal stimulus package highlights the expanding role of information technology within the healthcare industry, and Waller Lansden remains at the forefront of this critical area of health law.
Information Technology Licensing
Three of the six largest proprietary hospital systems in the United States rely on Waller Lansden for representation in Information Technology and Intellectual Property matters. Our attorneys have provided counsel in hundreds of software licensing matters within the healthcare industry in agreements ranging from $200 million to $1.8 billion. We also represent clients in smaller agreements that are components of plans to implement a parsed IT outsourcing strategy. Our experience provides a critical advantage when negotiating agreements between licensors, licensees, buyers, sellers and third-party hardware and software providers.
Electronic Medical Records
With the goal of utilizing electronic medical records for every individual in the United States by 2014, the HITECH Act includes financial incentives for hospitals and physicians to promote the use of health information technology. Participation in the incentive program is voluntary, however, the HITECH Act includes penalties for hospitals and physicians that do not adopt the use of electronic medical records by 2015. Waller Lansden can assist 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.
HIPAA, Privacy and Identity Protection
The HITECH Act substantially increases the penalties for HIPAA noncompliance and introduces new requirements for the administrative safeguarding of protected health information. Waller Lansden’s health information technology attorneys provide guidance with respect to patient information technology, and we advise clients on day-to-day operational issues and compliance issues related to HIPAA patient privacy/security regulations, the electronic storage and transfer of medical records and electronic payment systems. We assist clients in developing internal policies and procedures for health information and provide counsel on new and existing agreements with business associates that are now required to implement security programs under the HITECH Act. Additionally, we advise clients on how to respond to security breaches.
Regional Health Information Organizations
By bringing together healthcare stakeholders within a defined geographic area to standardize the exchange of health information, regional health information organizations (RHIOs) are designed serve to improve the quality and efficiency of healthcare delivery within particular communities. RHIOs are also considered one of the building blocks for a national health information network and can serve as a vehicle for administering funding and incentives to support investment in and adoption of health information technology. Waller Lansden can assist healthcare providers in the formation of RHIOs as well as in applying for tax-exemption as the IRS, through recent rulings in the wake of the HITECH Act, has cleared the way for granting tax-exempt status to certain RHIOs.
Transactional Matters
With more than 40 years of experience handling healthcare mergers, acquisitions and divestitures, we understand the complex intellectual property aspects involved in these transactions related to software licenses, hardware contracts, outsourcing arrangements, confidentiality agreements and data security. Since 2007, we have provided counsel in healthcare mergers and acquisitions with an aggregate value of more than $3 billion, and these transactions have involved a range of intellectual property issues.
Waller Lansden also represents healthcare information technology companies in corporate and transactional matters. We represented Passport Health Communications, Inc., one of the nation’s leading revenue cycle management companies, in its $232 million recapitalization by Spectrum Equity Investors, Great Hill Partners and Primus Capital Funds. We also represented Passport in the acquisition of Nebo Systems, Inc. and its claims consulting and outsourcing subsidiary, Cosand Group.
