Polsinelli believes that adopting or promoting innovation in health care technology is critical to clients’ success in effectively meeting the growing challenges they face in an increasingly complex and competitive industry landscape. Our Health Care Technology and Innovation practice group is comprised of recognized leaders in the field and attorneys with significant health care and technology industry experience, enabling us to consistently identify or create innovative strategies to meet clients’ business goals. Currently recognized as the "Law Firm of the Year" in Health Care in U.S. News and World Report's 2018 "Best Law Firms", Polsinelli was also ranked in 2017 by the American Health Lawyers Association as the second-largest health law practice in the country overall, as well as the second-largest practice in Health Information & Technology (AHLA Connections, 2017).

Polsinelli’s Health Care Technology and Innovation attorneys draw from a vast background of industry experience, and include former in-house counsel to global technology and health care companies, former data center and information technology professionals, and a current chair and founder of the Health Care Technology Committee of the Science and Technology Section of the American Bar Association, in addition to a deep bench of health care regulatory and technology attorneys.

Our experience enables us to take a multi-disciplinary approach to health care technology. Our collective knowledge covers all aspects under the health care technology umbrella, from the bedside to the wireless wearable device, the mobile App, the data center, the cloud, telehealth, and big data, and from formation, intellectual property development and protection, to licensing and regulatory compliance. Polsinelli Health Care Technology and Innovation attorneys provide licensing advice for complex information systems and provide insight into the goals and challenges presented in operating health care and technology companies in today’s heavily regulated environment. Further, Polsinelli attorneys counsel clients on a wide range of matters involving the provision of cybersecurity technology, software, hardware and service solutions, including structuring and negotiating outsourcing agreements, software license and subscription agreements (both traditional licenses as well as “Software as a Service” (SaaS) subscription agreements), data center collocation and managed services agreements and other services agreements with significant information security and health care components. 
Our group regularly assists clients in the development, acquisition and implementation of complex health care information technology software and services, including telemedicine and telehealth services, data privacy and security policies, industry best practices, and data breach response and mitigation. We understand our clients’ needs and challenges, and collaboratively partner with our clients to achieve their objectives of improving quality of health care and outcomes, increasing efficiencies by utilizing new and emerging technologies, while decreasing costs and complying with ever-changing and ever-increasing health care and technology laws and regulations. Our team regularly speaks at industry conferences and is active in industry associations, placing us at the forefront of emerging legal issues found at the nexus of information technology and health care.

Polsinelli’s Health Care Technology and Innovation practice has been privileged to represent some of the world’s largest health care providers and some of the most sophisticated technology vendors in the market, including:
Key Areas of Focus

The team’s far-reaching experience in the business and delivery of health care allows our firm to provide clients a broad spectrum of health care technology services, which includes the following key areas of focus:
  • Health Care Technology Licensing and Negotiations: Polsinelli regularly advises clients on the acquisition, provision and implementation of health care technology, software, hardware and service solutions, including structuring and negotiating enterprise outsourcing agreements, software license and subscription agreements, development and joint development/strategic collaboration agreements and other agreements containing significant information security and health care components with a wide variety of businesses, including outsourcing and hosting companies, health care technology vendors, health care clearinghouses, and hospital and health systems. Additionally, Polsinelli advises clients on clinical and health care information systems involving electronic medical records (EMRs), electronic health records (EHRs), health information exchanges (HIEs), PACS, revenue cycle, and e-payment systems. 
  • Cloud Computing Services: Polsinelli counsels clients on the acquisition, provision and implementation of cloud computing services (e.g., SaaS, IaaS and PaaS solutions), including software license and subscription agreements, data center collocation and managed services agreements, and other transactions implicating cloud computing services. 
  • Data Security and Breaches: Polsinelli provides guidance to clients on data security compliance, information security best practices, data breach response and mitigation, including developing information security agreements, managing and investigating security breaches and loss of data, cyber-security insurance, and auditing.
  • Telehealth: Polsinelli advises clients on the acquisition, provision and implementation of telehealth services and products, a cutting-edge and rapidly evolving area in the health care technology space, including with respect to reimbursement and payment issues, data privacy and security, technology development and licensing, and compliance with health care fraud and abuse laws (e.g., the Federal False Claims Act, Stark Law, and other federal anti-kickback and physician self-referral statutes and regulations). 
  • Big Data and Infrastructure: Polsinelli counsels clients on the acquisition, provision and implementation of health care technology solutions involving “Big Data,” data mining, data aggregation and analytics, and complex infrastructure, data center and hardware operations implementations. 
  • Privacy: Polsinelli regularly advises clients on privacy and information security compliance and best practices, including compliance with federal and state laws, regulations and guidance, and risk management.
  • Represented a nationwide health care enterprise in investment in joint venture for the outsourcing of the enterprise’s acute care and physician revenue cycle management services with a subsidiary of publicly traded corporation. (Project included custom interface development).
  • Represented an alliance of the nation’s leading nonprofit academic medical centers and their affiliated organizations, in a significant merger, with one of the largest national health care purchasing networks, to create largest member-owned health care company in the U.S. Among other aspects, the alliance will serve more than 5,200 health system members and affiliates; have more than $50 billion in purchasing volume, the largest in the industry; and have the industry’s most in-depth clinical data combined with the nation’s most robust supply chain data to address cost and quality.
  • Prepared and negotiated primary outsourcing and ancillary agreements relating to a national hospital and health care group outsourcing the vast majority of its IT functions and operations to a third party vendor.
  • Represented a statewide clinical access hospital network in developing and launching a pilot community health portal platform that was funded by federal grants.
  • Drafted and negotiated a SaaS agreement between a national hospital and health care provider and a global information and research services company to provide authentication data and services that the provider can use to better authenticate users of potential new products or services.
  • Drafted enterprise-wide technology and services procurement and licensing templates, including in connection with large scale telehealth initiatives, for leading provider of healthcare services and operator of hospitals and health systems.
  • Created suite of template agreements for a startup health care management technology platform provider, including platform licensing agreement, portal terms of use and privacy policy, and EULA, all designed to be HIPAA and other health care regulation-compliant.
  • Drafted and negotiated software license agreement for sports medicine clinic to manage and make use of client medical records.
  • Drafted form “big data” license and co-development agreement for use with a hospital system’s enterprise data warehouse
  • Prepared and negotiated an information security agreement between a national hospital and health care organization and a global banking and financial institution allowing the launch of a new payment application.
  • Drafted form Secondary Data Use Policy for regional Health Information Exchange (HIE).
  • Prepared security policies for multi-provider health information exchange.
  • Assisted a national hospital and health care group in analyzing the impact of a large information security breach, performing gap analyses and remediating IT policies and procedures in an effort to respond to regulator and prevent future breaches.
  • Represented national health care system in complex infrastructure breach of information.
  • Drafted and negotiated technology procurement of hardware, software and services around agreement for hybrid SaaS and Enterprise solution for network performance and security assessment for large hospital client.
  • Drafted and negotiated hosted software solution agreement for a nursing and palliative care technology platform provider.
  • Routinely negotiate information security agreements for national health care administration company.
  • Regularly negotiate inbound vendor information security agreements for a Fortune 500 health care network
  • Prepared intellectual property and technology terms and negotiated and defended those terms in a physician services agreement that resulted in a prestigious treatment center opening a new center in our client’s existing facility.
  • Interpreted and provided counsel for local university research branch’s obligations under various intellectual property agreements.
  • Drafted various technology policies and terms between health care facilities and their guests, including WiFi terms, acceptable use policies, terms governing guests’ usage of mobile devices provided by the facility.
  • Assisted providers in connection with various technology-related needs, including data protection, privacy law, CAN-SPAM and TCPA compliance.
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