Foley & Lardner LLP

Electronic Health Records

Our Health Care attorneys are industry leaders in providing practical, client-focused advice to organizations on all aspects of electronic health record system implementation, no matter the stage of your organization's process.
The convergence of several recent developments — including the HITECH Act's (HITECH) "meaningful use" and other requirements, the billions of dollars available to hospitals and physicians to implement electronic health records (EHR) systems through the 2009 Federal Stimulus Act, and health care reform with its focus on value-based purchasing and accountable care organization initiatives — has made the adoption and implementation of EHR systems an imperative for you as a health care provider or payer.

We can assist you in developing vendor RFPs for the initial procurement or upgrading of EHR systems; negotiating vendor agreements and managing the vendor process, including counseling on contractual concerns; and advising on compliance with meaningful use and other HITECH requirements. Our Health Care attorneys also are adept at assisting you in navigating the complex legal and compliance issues confronted in providing EHR technology to physicians, such as the development of criteria for participation in physician subsidy arrangements and the preparation of legally compliant subsidy agreements, as well as in entering into broader strategic hospital/physician alignment relationships, including ACOs. In this regard, we can identify and offer creative solutions to you on antitrust, tax-exemption, and fraud and abuse (state and federal anti-kickback statute and Stark compliance) concerns. As well, our Health Information Technology attorneys are keenly aware of, and are available to assist you on, emerging EHR issues raised by wireless medical devices, cloud computing, personal health records, and other cutting-edge developments.