Health Information Technology

The promise of personalized medicine is a realistically achievable goal in our lifetimes thanks to the ever-increasing storage and processing capacity of information technology and the proliferation of electronic information about individuals and their health.  Likewise, the current shift to value-based purchasing and population health management combined with a consumer-driven revolution in mobile technology is creating a unique period in the evolution of the health care ecosystem.  Entrepreneurs, payers and providers are exploring IT-driven advancements that can provide highly personalized care without requiring an in-person visit.  Developing, purchasing or licensing, and deploying these new technologies presents new business risks and opportunities that involve complex operational and legal questions.

Key Contacts

Matthew R. Wilmot Partner Portland, OR
Anthony R. Miles Partner Seattle, WA
Overview

Sharing information and deploying information technology resources are increasingly important to successful treatment of individual patients and management of the health of patient or beneficiary populations.  The wealth of technology options, financing mechanisms and regulatory requirements make this evolving area among the most complex in the business of health care – an area where knowledgeable, seasoned counsel can be a valuable asset, whether it involves licensing an electronic medical record system, co-locating equipment for a centralized data center, implementing cloud-based solutions for redundancy or additional operating capacity, licensing SaaS solutions for medical decision support, or the design and deployment of unique interfaces to permit diverse information systems to share data as part of a clinically integrated network or health information exchange. 

Our Services

  • Development agreements
  • Licensing Electronic Health Records, RIS/PACS, LIMS and other clinical systems
  • Software as a medical device
  • Software-as-a-Service (SaaS) solutions
  • Cloud-based hosting/patient portals
  • Development and implementation of supply chain and inventory management systems
  • Technology outsourcing
  • Data use/sharing agreements
  • Electronic health/electronic medical records information system agreements

Our attorneys advise health systems, hospitals, physician offices, long-term care providers, health information exchanges, colleges and universities on matters relating to clinical information systems, software and hardware development or purchasing for telemedicine and teleradiology, pharmacy point-of-sale systems, chronic decision support systems, data repositories for multi-site clinical trials, patient health portals, web-based business-to-business solutions for supply chain and inventory management, remote coding, and other health information technology systems.  We have advised clients on more than $1 billion in technology development, implementation and business process outsourcing contracts.

Matters
  • Negotiated license for electronic medical record and practice management software for multi-specialty, multi-clinic physician practice group.
  • Counseled client on specifications and selection of vendor to develop and implement custom employee health portal integrating patient information with health plan data.
  • Negotiated agreement for ePrescribing vendor to supply prescription data to regional health information organization.
  • Negotiated data sharing agreement to permit multiple specialists in office sharing arrangement to share electronic medical record and RIS/PACS software.
  • Counseled multi-specialty clinic in forming a strategic affiliation with teleradiology practice and SaaS RIS/PACS vendor to provide imaging services at clinic sites.
  • Assisted business process outsourcing vendor to develop protocols for and select technology to support remote coding contract for geographically dispersed hospitals and clinics.
  • Assisted physician clinic with development of telemedicine services.
  • Assisted telecommunications provider in structuring cloud-based data storage product for health care institutions.
  • Assisted biologics distributor with development and launch of business-to-business eCommerce solution for advance ordering and scheduled distribution of seasonal vaccine.
  • Assisted chain retail pharmacy with integration of eCommerce site for prescription refills, point-of-sale system and co-located fulfillment center’s data infrastructure.
  • Advised developer of web-based telemedicine platform on integration of data from remote FDA regulated devices and integration into clinical service model.
  • Prepared telemedicine provider contracts for Medicaid managed care plan.
Team
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