As IT and data are rapidly transforming all aspects of health care, innovation is critical to clients’ success in effectively addressing the risks and leveraging the opportunities created by complex and inter-connected technological, business and regulatory change. Our Health Care Technology practice group consists of recognized leaders with significant health care and technology industry experience and ranked by U.S. News & World Report and American Health Law Association (AHLA).

The size and practice areas covered by our Health Care Technology group enable us to offer multi-disciplinary teams specifically assembled for our clients’ projects. We provide actionable, industry-informed strategic advice, and we structure, negotiate and draft agreements in the life cycle of health care technology and data. This includes creating innovative technology, data and IP legal frameworks to support clients’ adoption and use of new technology. We handle licensing, software development, complex IT and IP transactions, electronic medical records issues, data use, protection and analytics and cybersecurity, including meeting the challenges of multi-stakeholder, multi-user, multi-vendor health care environments. We also handle matters related to the Internet of Things, Artificial Intelligence, emerging digital medicine technologies, Blockchain, Smart Contracts, new Cloud-based services and outsourcing. We specialize in complex technology transitions involving both the acquisition and divestiture of hospital entities, which requires coordination and relationship-building among multiple service lines to ensure continuity of care. Our experience in a range of industries, both regulated and unregulated, allows us to bring best practices from those industries to health care. We work with health care system legal departments, CIOs, health care technology companies and financial services firms engaged in M&A or investing in health care technology.

Our Health Care Technology group includes former government officials from the Department of Health and Human Services, former in-house counsel at global technology and health care technology companies, former information technology industry professionals, one of the top 100 “Tech Innovators” (Techweek), one of the Thought Leaders in Data (Who’s Who Legal, 2019), highly ranked attorneys by Chambers USA, Legal500, U.S. News & World Report's Best Lawyers and Who’s Who Legal in Technology, Outsourcing and Data, committee chairman and members in health care and technology-related American Bar Association sections, officers of CIO and other related associations and a deep bench of health care regulatory and business attorneys. Our lawyers are sought-after speakers at industry and legal conferences, which places us at the forefront of the emerging business and legal issues found at the nexus of innovation, technology and health care.

We are privileged to represent some of the largest health care providers and most sophisticated technology solution providers, including:

• Health information and technology companies
• Hospitals and health systems
• Academic medical centers
• Hospital innovation labs
• Government health systems
• Universities
• Nonprofit entities
• Senior assisted living centers and similar institutions
• Clinic research organizations
• Foundations
• Private equity, hedge funds and other financial institutions making investments in health care and related technology and conducting M&A and other corporate transactions
• Dialysis providers
• Infusion therapy and specialty pharmacy providers

Our group’s far-reaching experience in the business and delivery of health care allows us to provide clients with a broad range of health care data and technology services, which include the following areas of focus:

Health Care Licensing & Technology Acquisition Agreements

• Software licensing, development, and customization
• Corporate and information technology services transition planning
• Data licensing for product evaluation and improvement
• Hardware acquisition
• Combined technology and IP agreements
• Vendor and supplier agreements
• Web-based and mobile systems for patient and family engagement and other health care functions
• Digital health and Telehealth agreements
• IT cybersecurity systems
• IT vendor management
• Revenue cycle management
• E-payment and other payments systems

Technology Services & Outsourcing

• Enterprise-scale IT, business process and knowledge process outsourcing and technology services agreements, including offshore radiology and other medical services
• Outsourcing for regulatory compliance
• Outsourcing agreements with specialized health care vendors
• Combination hardware and software services provided on a services model
• Health care systems as IT and data services vendors, and hospital and health system users of such services
• Expanding Health Care IT from pilot phases to deployment across the whole of health care systems
• Health Care Internet of Things and Body Area Networks
• Acquisition of advanced medical treatment equipment
• Hospital back-office IT

Strategic Partnering Agreements

• Collaboration, development and joint venture agreements between health care institutions and technology vendors and data analytics providers
• Technology transfer offices and third parties
• Agreements among hospital and health system innovation labs/investing arms and technology companies

Electronic Medical Records

• Agreements and cross-system integration/interoperability of electronic medical records (EMR), electronic health records (EHR), and personal health information (PHI)
• Aggregation, use and sharing of EMR, EHR and PHI for research purposes, including limited data sets
• Regulatory compliance

Cloud-Based Services

• License and subscription agreements for Cloud-based services
• Cloud agreements tailored to health care operations and technology
• Cloud-based data sharing and data analytics
• Software-, platform-, infrastructure- and data-as-a-service
• Public, private and hybrid Clouds

Health Care IP

• IP counseling, protection and licensing
• Offensive and defensive IP
• Allocation of IP owners and licensing in customized software and collaborative improvements
• IP in-licensing and commercialization and monetization
• University research relationships

Telehealth

• Digital Health
• Telehealth and remote health services, licensing and products
• Wearable devices
• mHealth (mobile health)
• Regulatory compliance, including data protection
• Reimbursement eligibility

Big Data & Infrastructure

• Big data acquisition and analytics, including “AI in the Cloud”
• Data enhanced by AI and machine learning
• Determination and allocation of ownership and license rights
• Data Analytics, data use and data sharing agreements
• Commercialization of data sets
• Regulations applicable to PHI, and research

Privacy

• HIPAA/HITECH
• GDPR (including enhanced compliance obligations respecting Special Categories of Personal Data)
• California Consumer Privacy Act compliance (including the California Privacy Rights Act of 2020)
• State data breach laws
• Federal privacy and data protection laws
• Privacy policies and data use agreements

Data Security & Breaches

• Guidance on best practices and regulatory compliance for data protection, privacy and cybersecurity
• Incident Response
• Pre-incident counseling
• Loss prevention
• Agreements with privacy and cybersecurity vendors
• Ransomware
• Coordination with cyber forensics firms and applicable use of attorney-client privilege
• Privacy audits
• Audit and update older agreements to current standards
• Cybersecurity insurance

M&A & Investment Transactions

• IT, IP and health care counsel in connection with investments and M&A transactions
• Due diligence including IT, IP, regulatory and cybersecurity due diligence