Healthcare Technology, Outsourcing and HITECH

  • Our Healthcare Technology, Outsourcing and HITECH Team has broad experience representing hospitals, health systems and insurers in negotiations with leading healthcare technology providers, and we leverage that experience to ensure the best possible representation for our clients.
  • We represent our clients in healthcare IT outsourcing, technology acquisition, HITECH, intellectual property and data privacy and security matters.
  • We advise clients on the formation of Health Information Exchanges and associated regulatory and compliance issues.

Holland & Knight's attorneys have represented major hospitals, health systems and insurers in negotiations with many of the leading healthcare technology providers. Our recent experience includes:

Outsourcing. Representing healthcare institutions in outsourcing transactions, both in outsourcing of the client's entire information technology function, including infrastructure, clinical and financial applications and transfer of all personnel, hardware and software, as well as in selective outsourcing of particular functions.

Technology Acquisition. Representing healthcare institutions in the negotiation of agreements for the acquisition of financial and clinical software, hardware and services, including revenue cycle management software, laboratory information and robotics systems, diagnostic imaging and radiology equipment and information systems, and RFID tracking systems.

HITECH. Representing healthcare institutions in transactions which include terms under which the provider was to be obligated to provide software and services to the client intended to enable the client to be a “meaningful user” of certified electronic medical record technology and qualify for benefits under the HITECH provisions of the American Recovery and Reinvestment Act of 2009.

Intellectual Property. Representing healthcare institutions in perfecting and protecting intellectual property rights in software and technology developed by or for the institutions, including clinical research systems, and representing these institutions in joint ventures and research agreements.

Representative Transaction. Representing a major metropolitan teaching and research hospital in a $275 million, five-year transaction for the outsourcing of infrastructure and financial and clinical systems and related services involving 300 personnel. The transaction also involved the licensing of HITECH compliant software which is expected to garner the client $40 million in benefits from the federal government for certified electronic medical record implementation.