Practices: Health Information Technology

Information technology is at the forefront of today’s ever evolving healthcare environment. Ungaretti & Harris is effectively positioned to advise healthcare providers, information technology companies focusing on healthcare solutions and inventors in healthcare companies. The firm’s multidisciplinary team of healthcare, information technology, intellectual property and private equity attorneys contribute their diverse skills to a collective understanding of the challenges facing participants in the emerging healthcare information technology market.

Leveraging Healthcare Reform – Incentives for Electronic Health Records

Recently passed legislation has created unprecedented opportunities in the form of grants and incentive payments for the adoption and implementation of electronic health record (“EHR”) technology. For eligible providers, failure to adopt the EHR will also have long-term negative reimbursement implications. In light of these facts, providers are looking to information technology firms to create EHRs that comply with applicable regulatory requirements, including the Stark Law, Anti-Kickback Statute, Internal Revenue Service guidance, the EHR financial incentive proposed rules promulgated by the Centers for Medicare and Medicaid Services (“CMS”), and the proposed rules on EHR certification promulgated by the Office of the National Coordinator for Health Information Technology (“ONCHIT”). Prospective investors are also concerned about compliance in order to identify and back healthcare information technology companies that will provide best in brand solutions.

Healthcare Regulatory Experience

Our attorneys regularly counsel hospital clients in connection with the development of EHR technology in order subsidize adoption of EHR by physicians in a manner that is compliant under the Stark Law and Anti-Kickback Statute. In addition, we regularly work with our tax-exempt hospital clients on structuring EHR subsidies to safeguard the hospital’s ongoing tax-exempt status. We also advise providers and information technology companies on compliance with state and federal privacy and confidentiality requirements of applicable law, including the health information privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).

Software, Hardware and Implementation Experience

Our information technology attorneys regularly prepare and negotiate software license agreements for both vendors and users, including for the purchase and implementation of electronic medical records systems and other healthcare software. We find that the software license and implementation agreements frequently include the purchase and installation of hardware required to support the software applications.

Intellectual Property Experience

We assist clients in reviewing and protecting their intellectual property portfolio both in the United States and abroad. This can include obtaining domestic and foreign patents and copyrights in order to establish exclusive rights to software solutions. Once the registrations are obtained, we also assist clients in licensing the use of information technology to providers. We also advise companies on issues relating to encryption, hosting and e-commerce.

Private Equity Experience

We regularly assist companies in raising capital to fund development and growth of healthcare offerings and investors who target these markets. We are experienced in dealing with the financial, securities and tax implications of investments of this type.