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Information Technology

Overview

With the rapid pace of advancement and adoption of healthcare information technology, healthcare providers as well as the companies that develop and market new technology turn to Waller’s multidisciplinary team of intellectual property, corporate and regulatory attorneys for assistance with licensing and outsourcing arrangements, transactional matters, patient privacy requirements and data security issues. The successful implementation, integration and use of healthcare information technology is the foundation of the healthcare industry’s efforts to transition from a fee-for-service model to a population health management model. Healthcare providers, information technology companies and investors look to Waller to help them achieve the promise of healthcare IT. We offer clients a wealth of knowledge in:

  • Mergers and acquisitions
  • Financing
  • Intellectual property
  • Information systems and technology licensing
  • Outsourcing relationships
  • Patient privacy and data security matters
     

Information Technology Licensing

Three of the six largest investor-owned hospital systems in the United States rely on Waller as their primary outside counsel for Information Technology and Intellectual Property matters. Our attorneys have provided counsel on hundreds of software licensing matters ranging in value from $2 million to $2 billion within the healthcare industry. We also represent clients that license information technology to healthcare providers. This combination of experience provides a critical advantage when we assist clients in negotiating agreements between licensors, licensees, buyers, sellers, and third-party hardware and software providers.

Transactional Matters

Our in-depth understanding of the software licenses, hardware contracts, outsourcing arrangements and confidentiality agreements also benefits our healthcare clients in mergers and acquisitions. Intellectual property due diligence is an important component in both the success of a transaction and operations after the deal has closed. Our attorneys have extensive experience reviewing copyright and patent licenses (including software and database licenses) to determine whether they contain express language permitting their assignment following a merger or acquisition.

Patient Privacy

Healthcare providers and their business associates face a complex array of federal and state privacy rules established to safeguard patient health information. To navigate these regulations, they turn to Waller. For compliance with HIPAA, and state regulations governing protected health information, we are a trusted advisor to healthcare providers as well as the companies with which they work – revenue cycle management firms, private payors, insurance brokers and other outside consultants. By understanding both the operations and objectives of our clients, we are able to help them focus on providing high-quality care in an increasingly demanding environment for patient privacy and data security.

Revenue Cycle Management

One of the fastest growing sectors in healthcare, Revenue Cycle Management (RCM), focuses on the development of customized information technology applications and systems to manage, automate and integrate the administrative processes of patient intake and claims management. Waller represents RCM companies developing innovative technology solutions to manage the entire patient lifecycle – from admission and eligibility verification, to referrals, claims submission, clinical care, pharmacy and post-discharge monitoring. These clients rely on us for assistance with licensing agreements, intellectual property protection, outsourcing arrangements, mergers and acquisitions, commercial finance transactions and  federal and state healthcare regulatory matters, including patient privacy issues and  false claims statutes.

 

Experience

  • Represented Passport Health Communications, Inc., a leading provider of software and revenue cycle solutions to hospitals and healthcare providers, in its $850 million sale to Experian plc, the global information services company
  • Assisted clients with development and implementation of strategies for deployment and management of complex information systems and technology transactions with values ranging up to $2 billion
  • Represented a publicly traded hospital company in its acquisition of a privately held producer of software for physicians
  • Advised a provider of therapy documentation and management software, in its acquisition by a private equity portfolio company that provides interoperable EMR/EHR solutions for medical specialty markets
  • Represented a Nashville-based revenue cycle management company in its acquisition by one of the nation’s largest healthcare information networks.
  • Advised a leading provider of healthcare business and operational services in its acquisition of a leading healthcare revenue cycle management firm
  • Counsel to a leading provider of healthcare business and operational services in its acquisition of a Texas-based healthcare staffing firm
  • Represented Passport Health Communications, Inc. in its acquisition of California-based Data Systems Group
  • Represented the subsidiary of a publicly traded hospital company in its capital investment in a developer of mobile patient monitoring technology
  • Assisted a publicly traded hospital company in its joint venture with a technology company focused on the integration of patients' medical histories into healthcare provider systems and workflows
  • Represented the venture capital arm of a publicly traded healthcare company in its investment in the developer of a data-capturing system for spine and orthopedic implant procedures