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Health Care—Technology
As rapidly evolving and innovative companies, health care organizations, medical device manufacturers, and health care service providers are on the cutting edge of technology development. The need to access, exchange and analyze information and develop new products and service offerings efficiently and effectively is critical to the operation of the health care industry and service providers, yet the impact of federal and state regulation, such as HIPAA, the Stark law, the Anti-kickback Statute, and the FDA Act, can significantly affect these efforts. Whyte Hirschboeck Dudek has a Health Care Technology Practice Group with significant and practical experience in negotiating and drafting technology agreements, navigating through health care compliance requirements, analyzing Internet and e-commerce legal issues, and consulting and resolving complex technology transfer agreements in the health care industry.

Why Choose Whyte Hirschboeck Dudek?

1.Real-World, Focused Experience

Unlike many firms, we have a focused Health Care Technology Practice Group that operates as an integrated multidisciplinary team. Our members are experienced in technology-focused commercial transactions, health care compliance, software and business method patents, trademarks and copyrights, in addition to the unique issues that arise from the “process” nature of many technology projects. We also have team members with the real-world, practical technology expertise to understand both the legal implications and technological impacts of any project.

2.Proactive Solutions

Whyte Hirschboeck Dudek’s Health Care Technology Practice Group has advised clients on the full range of contracting and business issues associated with health care technology projects. We believe our role is not only to help our clients effectively implement and manage technology projects, but to also help them avoid problems. Through detailed analysis and consultation, we help spot potential issues before they become problems.

3.Understanding Your Unique Needs

Our Health Care Technology Practice Group attorneys have continuing and ongoing education and involvement within the health care industry. Members of our Health Care Technology Practice Group are also members of the American Health Lawyers Association, and speak and publish frequently on the topics of data security and privacy, group health plans, health care regulatory issues and more.

Our practice members founded the Wisconsin I.T. Leadership Association (WITLA), as well as the State Bar’s I.T. and E-Commerce Committee of its Business Law Section, and actively participate on the UCITA and UETA Study Committees. We have served on the National Technology Panel of the American Arbitration Association, and have obtained initial course certification from the Computer Security Institute to augment our industry-leading focus on frequently overlooked issues surrounding system security.

Types of Clients Served...

  • Regional Health Information Exchanges
  • Medical Device Manufacturers
  • Hospitals
  • Physician Groups and Individual Physicians
  • Skilled Nursing Facilities
  • Assisted Living Facilities
  • Home Health Care Organizations
  • Residential and Traditional Health Care
  • Facilities
  • Research Universities
  • Biomedical Software Suppliers
  • Pharmaceutical Companies
  • Health Plans
  • Third-Party Administrators
  • Medical Societies
  • Health Insurance Companies

...and how we serve them

We represent national and international clients – both large and small – in all areas of health care technology law, and pride ourselves on meeting their diverse and ever expanding needs. See below for a list of representative engagements.

Representative Engagements

  • Represent one of nine federally funded Regional Health Information Organizations, which facilitates the exchange of reliable clinical information through a central computerized exchange and allows clinicians to access patient information electronically as patients move between different health care organizations
  • Routinely assist health care organizations in implementing compliance programs related to HIPAA’s Privacy and Security Rules requirements, including conducting full-scale risk assessments and drafting, implementing and providing training for regulatory required privacy and security policies.
  • Helped health care organizations implement policies and procedures to comply with the Federal Trade Commission’s Red Flag Rules, including conducting training seminars and preparing specific policies and procedures.
  • Represented a Fortune 500 medical device manufacturer in complex international equipment and software sale and purchase transactions, joint development agreements, and strategic ventures.
  • Negotiated large scale implementation of electronic health records software package across statewide physicians’ group.
  • Drafted comprehensive policies and procedures for protecting proprietary and trade secret information on computer systems and as part of a comprehensive record retention program.
  • Routinely advise clients on federal and state legislation and regulations regarding HIPAA privacy requirements, Stark and self-referral laws, medical practice act provisions, 501(c)(3) requirements, ERISA/MEWA policies and managed care/health insurance statutes.
  • Litigated civil antitrust litigationinvolving price-fixing, tying and group boycott claims filed by a national health care benefit payor against an integrated physician and hospital network.
  • Developed structure and implemented joint software developmentbetween complementary health care industry organizations.
  • Drafted and negotiated website development and hosting arrangementsand associated service level agreements (SLAs) for health care organizations.
  • Drafted and negotiated software patent and copyright protectionand licensing for health care organizations.
  • Prepared and negotiated enterprise-wide integration and implementation contractsfor health care organizations.
  • Conducted extensive analysis of rights and privileges in ISP activityfor health care organizations.
  • Assisted in development of ASP and associated customer, data center and other co-provider agreements.