Healthcare Information Technology
Information technology (IT) is a top-priority issue for healthcare companies and their attorneys. Since the passage of the federal economic stimulus package in early 2009, the federal government has been pouring billions of dollars into the development of electronic health records (EHR).
Bass, Berry & Sims is at the cutting edge of the EHR revolution. Our healthcare IT specialty group includes:
- Intellectual property (IP) attorneys with in-depth experience in licensing, acquisition of IT systems, IT integration and implementation, IT dispute resolution, and specific EHR experience;
- Healthcare privacy and security attorneys who navigate the complexities of HIPAA and state privacy laws with the emerging demands of "meaningful use" of EHR;
- Corporate and transactional attorneys who help develop healthcare IT technology joint ventures, health information exchange networks, and telemedicine networks;
- Antitrust attorneys who know that, as interoperability and data-sharing increase, so can issues under federal and state antitrust laws; and
- Healthcare regulatory attorneys with the experience and ability to guide clients through the maze of federal and state reimbursement and fraud and abuse laws that may affect how EHRs are transferred and funded.
Our healthcare IT specialty group is poised to assist both IT companies that design and distribute healthcare IT and healthcare companies – such as payers, processors, and providers – that install and use healthcare IT. Bass, Berry & Sims also represents investors in the healthcare IT industry sector.
Here are some examples of healthcare IT issues on which we have advised clients:
- Becoming a "meaningful" user of EHR technology in order to qualify for federal and state funding and incentives;
- How to navigate the Stark Law exceptions and anti-kickback safe harbors for donations of EHR systems and e-prescribing capabilities;
- Complying with the latest federal laws and regulations regarding HIPAA and privacy of personal health information, including new security standards, new business associate standards, and new breach reporting requirements;
- Tying the FTC’s "red flag" rules into the overall information security framework for healthcare companies;
- Outsourcing, licensing, and business process arrangements;
- Incorporating information security and EHR into a healthcare company’s compliance plan; and
- Assisting providers in navigating the interplay between the meaningful use requirements and their obligations under pre-existing programs, such as the physician quality reporting system ("PQRS") and the e-prescribing ("eRx") incentive program.