James Wieland - Health and Intellectual Property Lawyer at Ober|Kaler (Baltimore, MD)

James B. Wieland

Principal
jbwieland@ober.com
410.347.7397
443.263.7597 fax

Bar Admissions

  • California
  • Maryland
  • New York
  • Oregon

Court Admissions

  • Court of Appeals of California
  • Court of Appeals of Maryland
  • Court of Appeals of New York
  • Supreme Court of Oregon

Education

  • University of Minnesota Law School (J.D.)
  • University of Minnesota (B.A.)

James B. Wieland

Experience

James B. Wieland, a principal in Ober|Kaler’s Health Law and Intellectual Property Groups, leads the Health Care Information Privacy, Security and Technology practice. Jim’s practice is focused on health care information and technology issues. He represents start-up and emerging health care services, practice management and technology companies, health care providers and physician organizations.

Jim has significant experience in counseling health care industry clients on all aspects of information privacy and security issues, including state laws and the HIPAA Privacy and Security rules. He helps clients negotiate the full range of health care technology contracts, including general software licenses, electronic medical records agreements, and data center and data use agreements. Jim is actively involved in dealing with organizational, contracting and regulatory issues faced by Regional Health Information Systems (RHIOs) and Health Information Exchanges (HIEs). In addition, Jim has assisted a number of clients, including publicly traded companies, in issues related to personal information protection, including breaches of security and the Federal Trade Commission Red Flag Rule. He currently serves as general counsel to the national trade association of companies in the medical billing field and to a national association of specialty physician practice managers.

Jim also serves as Privacy Officer for Ober|Kaler. In this capacity he develops HIPAA policies for the security and privacy of medical and personal information as well as for other privileged and confidential client information.

In 2006, Maryland’s then-Governor Robert Ehrlich appointed Jim to the Task Force to Study Electronic Health Records, a blue ribbon panel reporting directly to the Maryland legislature on Electronic Health Records (EHR), e-Prescribing and Regional Health Information Organizations. He was subsequently designated as the lead person for the EHR workgroup within the Task Force.

Jim was a member of Ober|Kaler from 1979 to 1989. In 1999, he returned to the firm after practicing health care law in Silicon Valley in the San Francisco Bay Area where he gained significant experience in the representation of health care companies as a partner in a large national law firm.

Jim is a frequent lecturer on health care regulatory topics and served as an associate member of the faculty of Johns Hopkins University, where he taught negotiation skills in the University’s MBA program. He has published numerous articles on health care topics and is the author of “Medicare Part B Reimbursement for Physicians” in the Clark Boardman treatise Health Law Practice Guide and Managed Care and Capitation Contracting, a book published by the American Society of Internal Medicine.

Professional Memberships

Honoraries

Publications & Presentations [View All]
  • Presenter, “HIPAA Compliance: Stepping It Up in 2014,” Annual Conference, Healthcare Information and Management Systems Society, 2014
  • Presenter, “Foundations in HIPAA - Building Blocks of Health Law,” Webinar, Ober|Kaler Health Care General Counsel Institute, 2014
  • Presenter, “HIPAA/HITECH Act Rules Governing the Secondary Use of Patient Information-The Money and Challenges,” Security & Privacy Intelligence for Health Care Conference, World Congress, 2013
  • Presenter (with Leon Rodriguez, Director of the Office of Civil Rights of the Department of Health and Human Services), " A Dialogue On HIPAA/HITECH Compliance: Considerations Now That the HITECH Regs Are Here," HIMMS 13, Healthcare Information and Management Systems Society (HIMSS), 2013
  • Co-chair, speaker and moderator, “Analyzing Health Care Privacy and Security Challenges vis-à-vis the Evolving Concept of Health Information Exchanges,” 3rd Annual Health Care Privacy and Security Forum, American Conference Institute, 2013
  • Presenter, “The Health IT Legal Landscape: Policy Changes & Practical Examples in a Post-Omnibus Privacy Rule World,” Government Health IT Conference, Healthcare Information and Management Systems Society (HIMSS), 2013
  • Co-author, “HHS Overhaul of HIPAA: Summary of New Obligations for Covered Entities and Business Associates,” Maryland State Bar Association Section of Labor and Employment Newsletter, 2013
  • Presenter, "HITECH and HIPAA: The Final Rule," Webinar, Ober|Kaler Health Care General Counsel Institute, 2013
  • Presenter (with Leon Rodriguez, Director of the Office of Civil Rights of the Department of Health and Human Services), "HIPAA Privacy and Security Regulations," HIMMS 12, Healthcare Information and Management Systems Society (HIMSS), 2012
  • Presenter, "The Supreme Court ACA Case: Implications for Health IT," Webinar, Healthcare Information and Management Systems Society (HIMSS), 2012
  • Presenter, “HIE in Practice: Questions Physicians Are Asking,” Webinar, American Medical Association, 2012
  • Presenter, “Social Media, Health Care Privacy and Your Employees: 7 Tips to Avoid HIPAA Violations and Employee Claims,” Webinar, Ober|Kaler, 2011
  • Presenter, “Legal Roadmap for Providing Technological Support: Avoiding Hidden Dangers,” ThinkLab ’11, Clinical Laboratory Management Association, 2011
  • Co-chair and Speaker, "Business Associates and HITECH Changes," 18th National HIPAA Summit, 2010
  • Presenter, “Practical Steps to Prepare for the HITECH Act: What Healthcare Providers Need to Know,” Health Care Information Division Audio Seminar, BNA, 2009
  • Presenter, “Electronic Medical Records: Minimizing Legal Risks and Liabilities,” Teleconference, Health Law Week, Hospital Litigation Reporter and New York Health Law Update, 2009
  • Presenter, “Legal Knowledge Base for Owners and Managers,” Health Care Billing and Management Association, 2008
  • Presenter, “HIPAA Privacy and Security – Heightened Enforcement,” Stafford Legal Teleconferences, 2008
  • Presenter, “Making the Right Call: Assessing Electronic Medical Records Systems,” The Beacon Institute / LifeSpan Annual Conference, 2008
  • Presenter, “Coding and the Law,” American College of Medical Coding, 2008
  • Presenter, “HIPAA Fundamentals,” American Bar Association, Section of Health Law, 2008
  • Presenter, “The Federal Trade Commission’s Red Flags Rule,” The Radiology Business Management Association, 2008
  • Presenter, “Privacy and Security of Electronic Health Information: HIPAA and Beyond,” Decision Health, 2008
  • Co-author with E. Scott Johnson, “Technology Agreements: HIPAA Negotiation Points for Software Licenses,” RBMA Bulletin, 2002
  • Co-author with Howard L. Sollins, “HIPAA Alert: It's April 14th, 2003! Do You Know Where Your 'PHI' Is?” The Aegis Report, 2002
  • Author, “Medicare Part B Payment for Physician Services,” Chapter in Health Law Practice Guide, Clark Boardman Callaghan (revised annually)
  • Author, “Internists’ Guide to Managed Care and Capitation Rates,” American Society of Internal Medicine, 1995
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