Health IT Extends Far Beyond Electronic Health Records

We have been at the forefront of health law in New Jersey, New York, and throughout the nation for over a decade—and now, with Health IT at the forefront of most practitioners’ minds, we continue to stay ahead of the pack. Our Health IT practice combines our experience and knowledge in health law and policy, information privacy and security, and regulatory compliance to ensure we address our clients’ needs in a rapidly evolving environment.

Practitioners need to ensure not only that their usage of technology complies with government regulations and the law, but also that technology licenses and business arrangements are compliant. This includes recognizing and complying with the HIPAA privacy and security rules, adhering to state data and information privacy and security laws, analyzing and reviewing fraud and abuse implications, and managing requirements from government agencies, which have expanded to include the FCC for mobile Health IT issues, the FDA, and the DEA.

Electronic Health Records, E-Prescribing, Telemedicine, and E-Health

We recognize that a primary driver for many of our clients is providing e-health services, including Internet-based healthcare and conventional telemedicine. Our attorneys can help your practice embrace telehealth and provide new services to your patients and clients. We prepare disclaimers and privacy/security policies, advise on credentialing, and assist in accreditation in this new and growing field of e-health.

We also assist with the adoption of electronic health records (EHR). The goal for universal adoption of EHR was set in 2014, with numerous financial incentives for participating Medicare and Medicaid providers and institutions under the ACA for completing a transition to “meaningful use” of EHR. We provide counsel on qualifying for federal subsidies and grants in EHR implementation and navigating the privacy, security, and other issues that may arise in the execution of EHR systems.

In addition to increasing access to treatment options for coexisting substance abuse and mental health disorders, there is another important step providers can take to combat the nation’s opioid epidemic: digitizing the process with Electronic Prescribing for Controlled Substances (EPCS). With EPCS, prescribers can close critical security gaps while ensuring that patients who rely on these medications to manage their chronic pain still have access to them. While it was not until August 2015 that EPCS finally became legal in all 50 states and D.C., New York and other states have been making progress for years. And the march toward EPCS continues—with a seemingly monthly adoption of new standards and policies around the country. We assist our clients—particularly those doing business across state lines, in understanding and adopting the various legislative and regulatory mandates for EPCS that impact their businesses.