Health Information Technology
Ober|Kaler’s Health Law Group is extensively involved in the operational, contractual and regulatory aspects of the privacy and security of medical information and the use of health care information technology in the industry. The firm’s long-standing involvement in health care privacy and security issues proves a substantial advantage to both licensed health care providers and facilities – and those who do business with them – as they move into a new era of privacy concerns led by the Standards for the Privacy of Individually Identifiable Health Information decreed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), particularly in view of the extensive and important changes made to HIPAA by the HITECH Act provisions of the American Recovery and Reinvestment Act.
Ober|Kaler provides privacy compliance advice to health care clients that include:
We capitalize on our experience to provide cost-effective practical and legal advice to clients as they move through the structural and operational changes required for compliance with the HIPAA Privacy Standards and the HIPAA Security Rule. Our familiarity with the operational aspects of our clients’ activities yields a short learning curve and an ability to focus our efforts quickly and effectively.
Recognizing that the use of health care information technology, including not only privacy and security aspects of such use, is a pervasive concern, the firm has formed a multidisciplinary group of privacy experts in the areas of health, intellectual property, technology contracting, and Internet commerce. The diversity within the group provides a multidisciplinary perspective to the multiple aspects of health care information technology.
The term “e-health” has come to refer to the delivery of health care services using electronic media, often through the Internet. This can include telemedicine services, health information services, health care business transactions involving both consumers and business-to-business models, as well as work on research-related projects such as providing information for clinical trials and recruiting potential subjects.
Attorneys in Ober|Kaler’s Health Law Group work with companies that are either focused on e-health services or use e-health solutions as part of a larger business model. Our experience in these matters dates back over a decade.
In order to offer comprehensive and practical solutions to our clients, we work extensively with consulting firms, underwriters, lenders, venture capitalists and securities counsel to provide advice pertaining to disclosures and descriptions required in business plans, offering memoranda and securities filings.
We have a comprehensive view of the applicable current and emerging laws and legal developments, including state laws governing the practice of medicine, pharmacy or other health services; drafting of disclaimers and privacy policies; and federal laws and initiatives such as those of the Federal Trade Commission, fraud and abuse issues, and payor reimbursement policies. We are also familiar with related issues involving privacy and confidentiality of personal information and related medical recordkeeping requirements applicable under HIPAA and local laws. Our attorneys also offer our clients advice on available voluntary credentialing and accreditation standards.
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