Healthcare Technology

Overview

Innovation and technology have transformed the healthcare industry. With healthcare organizations turning to data-driven solutions to address industry challenges and more technology companies moving into the healthcare sector, digital health acumen is critical to success. Stakeholders across the sector rely on our Healthcare Technology team to navigate the transactional and regulatory challenges created by this digital transformation. Our interdisciplinary practice advises clients on how to structure arrangements involving issues of data use, ownership and licensing while minimizing data privacy and security risks.

Drawing from BakerHostetler’s nationally recognized Healthcare Industry and Digital Assets and Data Management teams, our attorneys have deep experience in all aspects of technology, privacy and security, and data collection and use. We provide holistic representation to entities selling, exploring or acquiring healthcare tech solutions as well as advising technology companies seeking a larger presence in the industry.

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Our work includes:

Emerging technology. The future of healthcare will be shaped by technology-driven innovation. We advise clients on complex operational issues surrounding the creation, adoption and use of innovative technologies – including application programming interfaces, cloud-based solutions, and the Internet of Things (IoT). We also can procure patents and trademarks to protect innovations and assert those rights as necessary.

Data governance. Health data primarily consists of patients’ personal and health information. If managed and used appropriately, this information can be the most important asset a facility owns. We advise clients on issues related to data ownership and governance, including conducting compliance audits, and assisting with the implementation of policies, protocols and protections regarding the use, ownership and security of digital assets.

IT systems and procurement. We counsel clients on licensing agreements, contract negotiations, and other legal issues related to technology acquisition and implementation. We are detail-oriented and tech-savvy, able to advise both vendors and healthcare organizations on issues such as the procurement and implementation of information technology solutions and services, intellectual property rights and ownership, and cloud-related products.

Corporate transactions. We advise clients on corporate and commercial healthcare technology transactions, including mergers and acquisitions, strategic partnerships, and joint ventures involving questions of intellectual property rights and protection, data ownership, and information licensing. We also help businesses manage distribution and reseller agreements and global outsourcing transactions.

Regulatory compliance. We help clients navigate the evolving requirements governing the privacy and security of health information and the sharing of such information among players in the healthcare industry. We provide insight into the Health Insurance Portability and Accountability Act (HIPAA), the Federal Trade Commission, the California Consumer Privacy Act (CCPA), state data privacy laws, and medical record laws.

Select Experience

  • Supporting a major regional healthcare system as lead technology and intellectual property counsel; advising the organization regarding more than $50 million worth of technology acquisitions.
  • Serving as chief counsel for a clinical cardiac data provider for hospitals, doctors and health systems; negotiated all customer relationships, data acquisition relationships, online services terms and ultimate sale of the business to a Fortune 500 for-profit healthcare system.
  • Advised a healthcare customer-relationship management company on commercial transactions and the development of a privacy and data strategy, and on navigating HIPAA compliance and regulations.
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Professionals

Name Title Office Email
Partner Atlanta
Partner Atlanta
Partner Atlanta
Counsel Atlanta
Associate New York
Associate Atlanta
Counsel Seattle
Partner Atlanta
Associate Atlanta
Partner Philadelphia
Partner San Francisco
Partner Houston
Partner New York
Partner Washington, D.C.

Experience

  • Supporting a major regional healthcare system as lead technology and intellectual property counsel; advising the organization regarding more than $50 million worth of technology acquisitions.
  • Serving as chief counsel for a clinical cardiac data provider for hospitals, doctors and health systems; negotiated all customer relationships, data acquisition relationships, online services terms and ultimate sale of the business to a Fortune 500 for-profit healthcare system.
  • Advised a healthcare customer-relationship management company on commercial transactions and the development of a privacy and data strategy, and on navigating HIPAA compliance and regulations.
  • Serving as lead privacy counsel to a cutting-edge healthcare funding provider; provided a 50-state analysis of the privacy landscape for the company.
  • Represented large health system in the drafting and negotiation of a participation agreement for access to healthcare analytics platform used to collect, organize, and analyze cancer care data, including advising client on numerous issues around collection and ownership, de-identification, privacy and security of data.
  • Engaged by a leading healthcare company to develop a comprehensive and harmonized global approach to sharing protected health information (PHI), personally identifiable information (PII), and other sensitive personal data through the creation of an international data processing agreement that meets applicable privacy and data security requirements in accordance with HIPAA, the CCPA, and other federal and state laws, and international privacy regimes.
  • Presiding as lead counsel in the negotiation of $160 million and $50 million cloud services agreements between a provider of outsourced technology services and the provider’s client.
  • Advised a global multi-brand company on the development and launch of a white-labeled telehealth platform, including counseling on data and IP ownership strategies, negotiation of a platform agreement with a vendor, and drafting multiple contracts for the client’s provision of the platform to customers and end users.
  • Counseled provider of remote monitoring services in development of strategy around reclaiming intellectual property ownership in its RMS platform, partnering with developer on potential reseller opportunities, and development of approach to maximize the value of its data, including the attendant privacy issues.
  • Serving as counsel to a large health system regarding a variety of healthcare technology issues, and the drafting and negotiation of its technology vendor agreements, including those related to EHR implementation, patient portals, PHR, SaaS platforms, and compliance with regulatory interoperability requirements.

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