Health Information Technology and Outsourcing

Health Information Technology: Patients and providers alike require quicker communication and instant access to medical records and more information. The workflows that support the delivery of health care, such as patient safety, electronic communication, electronic medical records, and telemedicine, are becoming increasingly automated, and the delivery of care itself is undergoing significant changes as technology evolves and develops in the health care marketplace.

Our Health Information Technology attorneys, members of our Health Care Industry Team, understand the importance of these complex matters, and can provide you with ongoing assistance with respect to a broad array of legal issues related to e-health. We are poised to help you navigate the many legal and operational risks associated with the acquisition and use of technology to enable you to meet your strategic goals.

Foley is well positioned to assist you with the following information technology services:

  • Technology acquisition and integration
  • Vendor selection, transaction structuring and negotiation, project implementation and management, and ongoing vendor performance and contract management
  • Privacy issues, HIPAA compliance, and computer/Internet security
  • Telemedicine licensing requirements and related legal, regulatory, and ethical issues
  • Stark and anti-kickback issues related to adoption and distribution of technology
  • Electronic prescription writing systems
  • Dispute resolution 

Outsourcing: Our attorneys have created technology and business process outsourcing relationships valued in the billions of dollars. We are well positioned to assist you with a full-service, “wall-to-wall” outsourcing model or a selective outsourcing arrangement. Whether creating or renegotiating an outsourcing transaction, our skill and value lies in our ability to construct relationships designed to achieve your business objectives. We use our experience to help you identify and document those objectives, but we also recognize that the parties’ needs will evolve over time. We understand the inevitable conflict between a vendor’s desire to maximize profits and your desire to obtain the most cost-effective, efficient, and technologically advanced services.

By focusing on how legal terms and conditions interoperate with the other components of the transaction, including service levels, statements of work, pricing models, and data exhibits, we are able to identify the risks that are inherent in outsourcing transactions, and ensure that those risks are both mitigated and fairly allocated between the parties.