Close X
Attorney Spotlight

How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? Read more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

The M&A Advisor Winner 2017The M&A Advisor announced the winners of the 16th Annual M&A Advisor Awards on Monday, November 13 at the 2017 M&A Advisor Awards. Bass, Berry & Sims was named a winner in the two categories related to the following deals:

M&A Deal of the Year (from $1B-$5B) – Acquisition of CLARCOR Inc. by Parker Hannifin Corporation

Corporate/Strategic Deal of the Year (over $1B) – Acquisition of BNC Bancorp by Pinnacle Financial Partners

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

Read now

Server Room, Law360 Health Group of the Year

Healthcare Information Technology

Technology continues to transform the delivery of healthcare and is vital to advancing interactions among patients, caregivers, clinicians, vendors, providers and payers. Our Healthcare Information Technology (HIT) Practice Group provides business-oriented, practical solutions to commercial and regulatory issues that are faced by both healthcare IT vendors and the providers that use healthcare technology.

Healthcare information technology issues are not limited to software companies or Silicon Valley—our healthcare clients rely every day on hardware, software and services to reduce costs, avoid reimbursement reductions, improve patient care, and compete in a rapidly changing environment. Because of our extensive knowledge of the healthcare and information technology industries, our integrated team represents many of the nation's leading health systems, academic institutions, payers and senior living solutions companies on the acquisition, licensing, development and use of technology.

We also provide an advantage to technology innovators and companies operating in the healthcare industry as a result of our diverse healthcare and technical experience. For example, we understand the factors that healthcare providers should take into account when considering a healthcare IT purchase and the process that leads to a purchasing decision. We represent all types of healthcare technology vendors, including hardware and software providers, healthcare data analytics companies, life science companies, and healthcare social media companies, as well as entrepreneurs, executives, clinicians, and investors involved in startups, joint ventures and spinoffs.

Technology continues to transform the delivery of healthcare and is vital to advancing interactions among patients, caregivers, clinicians, vendors, providers and payers. Our Healthcare Information Technology (HIT) Practice Group provides business-oriented, practical solutions to commercial and regulatory issues that are faced by both healthcare IT vendors and the providers that use healthcare technology.

Healthcare information technology issues are not limited to software companies or Silicon Valley—our healthcare clients rely every day on hardware, software and services to reduce costs, avoid reimbursement reductions, improve patient care, and compete in a rapidly changing environment. Because of our extensive knowledge of the healthcare and information technology industries, our integrated team represents many of the nation's leading health systems, academic institutions, payers and senior living solutions companies on the acquisition, licensing, development and use of technology.

We also provide an advantage to technology innovators and companies operating in the healthcare industry as a result of our diverse healthcare and technical experience. For example, we understand the factors that healthcare providers should take into account when considering a healthcare IT purchase and the process that leads to a purchasing decision. We represent all types of healthcare technology vendors, including hardware and software providers, healthcare data analytics companies, life science companies, and healthcare social media companies, as well as entrepreneurs, executives, clinicians, and investors involved in startups, joint ventures and spinoffs.

We have advised clients on a full-range of healthcare IT legal issues, including:

  • Becoming a "meaningful" user of electronic health record (EHR/EMR) technology in order to qualify for federal and state incentives and avoid reimbursement penalties.
  • Navigating the interplay between the meaningful use requirement and obligations under pre-existing programs, such as the physician quality reporting system (PQRS) and the e-prescribing (eRx) incentive program.
  • Developing healthcare IT joint ventures and strategic relationship agreements.
  • Assisting revenue cycle management (RCM) providers in all aspects of licensing agreements, intellectual property protection, mergers and acquisitions, financing transactions and privacy matters.
  • Negotiating HIT transactions for both healthcare providers and vendors, including acquiring and implementing enterprise-wide licenses for clinical and financial operations software, hardware and technology-based services by multi-hospital systems.
  • Complying with the latest federal laws and regulations regarding HIPAA and the privacy and security of personal health information, including federal and state security standards, business associate standards and breach reporting requirements.
  • Incorporating information security and EHR into a healthcare company’s compliance plan and patient experience.
  • Guiding clients through the maze of federal and state reimbursement and fraud and abuse laws that may affect how EHRs are transferred and funded, including advice on Stark Law exceptions and anti-kickback safe harbors for donations of EHR systems and e-prescribing capabilities.
  • Incorporating the Federal Trade Commission's (FTC) "red flag" rules into the overall information security framework for healthcare companies.
  • Advising hospital systems on use of mobile devices, including physician use of mobile devices to transmit and access electronic patient records.
  • Representing physicians and entrepreneurs in manufacturing and commercialization agreements with medical device companies.
  • Crafting and implementing sophisticated outsourcing, licensing and development arrangements, including business process and information technology outsourcing (BPO/ITO).
  • Developing intellectual property portfolio strategies.
  • Assessing potential issues under federal and state antitrust laws as interoperability and data-sharing increase.

Healthcare IT Litigation

Healthcare organizations today face an evolving regulatory environment that increasingly embraces the use of new healthcare IT across the entire spectrum of patient care. As a result, healthcare organizations rely heavily on their software vendors to provide robust, adequately tested products that not only ensure regulatory compliance but also facilitate safe and efficient operations.

The current regulatory environment has created unprecedented opportunities for healthcare software vendors who are aggressively competing for market share. Occasionally, the strong demand and fierce competition among software vendors can result in unsubstantiated promises, poorly resourced or inadequately supervised software implementations, and inattention to critical organizational details – any of which have the potential to be financially or operationally devastating to healthcare organizations.

Bass, Berry & Sims has unique experience in investigating and identifying claims and resolving disputes that may arise between healthcare organizations and their information technology vendors. We have successfully prosecuted claims against major healthcare software vendors, the most recent of which resulted in a nine-figure arbitration award in favor of our client.

From providing general advice on information technology transactions to investigating and resolving disputes surrounding failed implementations, Bass, Berry & Sims' team of healthcare information technology litigators is experienced in managing the intricate technology-related issues that face our healthcare clients. During times of information technology related challenge, we advise healthcare organizations and work closely with them to develop a plan of action. When viable legal claims are identified, our attorneys will advise our clients of the potential legal remedies that may be available and explain the options for pursuing those claims.

+ Read More

- Read Less

News

View More

Related Experiences

View More

Related Professionals

NAME TITLE TELEPHONE CONTACT

Viewing 0 of 0 Results

View More

Publications

View More

Past Events

View More

Media Mentions

View More

Services

×

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.