- 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 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.
We have advised clients on a full-range of healthcare IT legal issues, including:
Experience
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We represent one of the nation's leading orthopedic providers in product development agreements between our client, their physicians and medical...
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We represent a group of ENT and Allergy/Immunology specialists in the review and negotiation of commercial contracts, including purchase supply,...
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We represented a leading academic medical center in its enterprise software implementation and deployment of Workday, an on‑demand financial management...
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We represented Evolent Health, Inc. (NYSE: EVH), a health care company that delivers proven clinical and administrative solutions to payers...
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We represented Contessa Health in its sale to Amedisys, Inc. (Nasdaq: AMED), a leading home health, hospice and personal care...
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We represented Prairie Capital’s Netalytics Holdings, LLC, a provider of electronic medical records and practice management solutions for opioid use...
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We served as healthcare regulatory counsel to Parthenon Capital, a growth-oriented private equity firm, in its investment in RxSense, a...
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We represented ModivCare, a provider of non-emergency medical transportation, personal home care and nutritional meal delivery, in its acquisition of...
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We represented Axia Technologies, Inc., a healthcare payment and technology company focused on facilitating secure patient payments, in its acquisition...
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We represented Pharos Capital’s home and post-acute care provider platform, Charter Health Care Group, in its acquisition of sister companies...
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"Bass, Berry & Sims holds a deep bench with varied expertise across both regulatory and transactional healthcare matters. It is well equipped to handle significant multistate M&A deals, recapitalizations and dispositions. It is regularly mandated on joint ventures and syndications, in addition to compliance matters and government investigations. The firm's clients include healthcare companies, pharmacy groups, private equity investors and long-term care centers." Client feedback: "Bass, Berry & Sims has the breadth and depth of knowledge to handle complex and sophisticated matters." "Bass, Berry & Sims provides expert advice on business strategy and healthcare compliance matters." "The firm provides a high-level, excellent service and responds immediately."
From Chambers USA 2023
