Health Care Counsel

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Health Care Counsel

Strategic Prespectives: Risks in Health Care IT Agreements and Recommendations to Avoid Them


Strategic Prespectives: Risks in Health Care IT Agreements and Recommendations to Avoid Them

* This article was originally published by Health Law Daily

Hospitals, health care systems, and other health care facilities enter into health care information technology (IT) agreements to acquire new hardware and software—including mobile and cloud services—to transform medical care, increase the utility of medical records, enhance cybersecurity, and improve business operations in the same manner as mainstream companies do. This article is a survey of the top-level issues, the risks they present, and how agreements in combination with the Request for Proposal (RFP) and the Statements of Work (SOW or SOWs) should be used to address them. Incomplete evaluation of these risks can lead to unexpected intellectual property and business results, regulatory sanctions, and liability in litigation. The term “hospitals,” as used in this article, refers to health care systems and other health care facilities. The issues identified and the resolutions contained in this article apply to all of these health care institutions.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.