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Jim leads Ober|Kaler's Healthcare Information Privacy, Security and Technology practice. His practice is focused on health care information and technology issues and includes representation of start-up and emerging health care services, practice management and technology companies and representation of health care providers, including 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. Jim has helped clients negotiate the full range of health care technology contracts, including general software licenses, electronic medical records agreements, and data counter and data use agreements. Jim is actively involved in representation of Regional Health Information Systems (RHIOs) / Health Information Exchanges (HIEs), dealing with organizational, contracting and regulatory issues. Jim has assisted a number of clients, including publically traded companies in issues related to personal information including breaches of security and the Federal Trade Commission Red Flags Rule. In addition, Jim 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.
In 2006, Maryland's then-Governor Robert Ehrlich appointed Jim to the Task Force to Study Electronic Health Records (EHR), a blue ribbon panel reporting directly to the Maryland legislature on Electronic Health Records, ePrescribing, and Regional Health Information Organizations. He was subsequently designated as the lead person for the EHR working group 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. Here he gained significant experience in the representation of public and near public health care companies as a partner in Cooley Godward, a 600+ attorney firm with offices nationwide.
Jim was a member of the Board of Directors of the American Health Lawyers Association and its predecessor entity from 1993 to 1999. He is a frequent lecturer on health care regulatory topics. Jim has served as an associate member of the faculty of Johns Hopkins University, where he has 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.
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Publications & Presentations |
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: Its 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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