HEALTH INFORMATION TECHNOLOGY SUMMIT OCTOBER 23, 2004 COMMUNITY-BASED COLLABORATIONS: LEGAL ISSUE Reece Hirsch, Esq. Sonnenschein Nath & Rosenthal LLP.

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Presentation transcript:

HEALTH INFORMATION TECHNOLOGY SUMMIT OCTOBER 23, 2004 COMMUNITY-BASED COLLABORATIONS: LEGAL ISSUE Reece Hirsch, Esq. Sonnenschein Nath & Rosenthal LLP 685 Market Street Sixth Floor San Francisco, CA v. (415) f. (415) Paul T. Smith, Esq. Davis Wright Tremaine LLP One Embarcadero Center Suite 600 San Francisco, CA v f Robert D. Belfort Manatt Phelps & Phillips, LLP 1675 Broadway New York, NY v f

Community-Based Collaborations: Legal Issues Organizational and Operational Issues

Governance and Organization Early discussions Statement of Purpose and Objective Memorandum of Understanding Initial Structure Sources of Funding Testing the Waters

Governance and Organization Someone has to be in Charge Corporate Formation and Tax Status Governance Creating a Business Plan and Budget Sources of Revenue Criteria for Involvement

User Agreements Duties and Rights of Network Members To other Users To the Network Entity Third Parties Compliance with Privacy, Data Security and other Admin Simp Standards Proper Use of the Network Ownership Issues: For the Network, For the Data Cost and Liability Sharing Technology Standards

Vendor Agreements Agreements between the Network Entity and IT and other Vendors Detail Operational and Performance Specifications for both Vendor and Entity Performance Measurements and Rewards and Penalties Specify Key Staff Audit Rights and Protocols Compliance with HIPAA and other Regulations Compensation Intellectual Property Issues.