The Benesch Healthcare+ team and attorneys throughout the firm are actively assisting clients in the rapidly expanding and complex field of healthcare technology. The explosion of available data, increased accessibility of electronic information, growing sophistication of data analytics, and rise of advanced technologies such as artificial intelligence (AI) and machine learning are all contributing to the need for experienced legal counsel and guidance. The highly regulated nature of the healthcare industry adds another layer of complexity to assure compliance as well as the ability to fully leverage the technology in practice.
We work with a broad range of clients on both sides—tech and healthcare—who are at all stages of the technology implementation life cycle, whether beginning to explore the use of technology or already applying it to assist providers and patients in diagnosing, treating, and managing health. Our clients run the gamut from global Big Tech firms to single-app developers, major hospital systems to physician practices, and first-time inventors to serial entrepreneurs. We assist them in matters involving:
Contract Procurement
Helping clients review, negotiate and assess technology procurement contracts including master services agreements (MSA), statements of work (SOW), business associate agreements and amendments thereto.
Intellectual Property
Helping clients protect their innovations and trade secrets via trademarks, copyrights, and patents and positioning them to leverage the business opportunities through strategic agreements, technology transactions, licensing deals, and more.
Regulatory Compliance
Navigating the ever-evolving maze of healthcare regulation and compliance, including supporting the rollout of compliance programs and representing clients in regulatory investigations.
Data Security & Privacy
Guiding clients in understanding and complying with privacy regulations and managing information about patients and their care, including business associate agreements, technology vendor selection and implementation, privacy policies and data security systems, and data management, sharing, and disclosure.
Corporate/M&A
Advising on corporate governance and oversight matters and risk mitigation, as well as purchase, sale, minority investment, and joint venture transactions.
Litigation
Representing clients in healthcare matters before state and federal courts and government agencies (including the Medicare Provider Reimbursement Review Board, Departmental Appeals Board of the Department of Health and Human Services and state licensing authorities) and in alternative dispute resolution proceedings.
Private Equity
Leveraging our long-standing and substantial private equity experience, our network of contacts, and knowledge of healthcare industry trends to assist investors in evaluating opportunities and in structuring and executing private equity transactions.
Tax
Optimizing the tax implications associated with healthcare tech start-ups, ongoing operations, and transactions (domestic and global).
Telehealth
We also focus on representing telehealth and telemedicine companies and providers. Our attorneys provide inclusive counsel to telehealth and telemedicine companies throughout the U.S. and abroad. As telemedicine continues to grow and become more widely used, our attorneys provide clients in this industry with the necessary guidance on laws governing licensing, liability, fraud and abuse and reimbursement, as well as laws specific to telemedicine.
What sets Benesch apart from many other law firms is the ability to provide a holistic perspective on the challenges and intricacies of the health care industry based on a depth of understanding in areas ranging from antitrust, Medicare and Medicaid reimbursement, private insurance, federal and state fraud and abuse laws, licensure, and survey and certification. Our health care clients appreciate our ability to evaluate transactions from a health care perspective and with a knowledge of how health care enterprises operate on a day-to-day basis. In the end, it is the familiarity with health care laws and the business of providing health care that insure that Benesch will remain a powerhouse in the health care industry for years to come.