Health Information Exchanges: Evolving Legal and Regulatory Challenges

Evaluating HIE Models, Navigating Complex State and Federal Laws, and Negotiating Contracts With Vendors

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, November 20, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance to healthcare counsel on the legal risks involved with building, operating and participating in health information exchanges (HIEs). The panel will discuss HIE models, HIE agreements, technology vendor contracting, and best practices for complying with federal and state laws.


HIEs play an increasingly integral role in how healthcare information is shared among providers and may also offer an effective means for routing data to health plans and others such as public health authorities. HIEs can help improve quality of care, reimbursement, coordination and information management among providers. However, participating in and representing HIEs requires an understanding of myriad complex and evolving state and federal laws.

The HIE market grew 40% in the last year, giving physicians a choice of statewide versus community-wide exchanges that may be organized as public, private, or public-private partnerships. HIE models are still developing. Those who are considering building or joining an HIE should evaluate the current models in operation to determine which best suits their business needs. Organizations that may be contemplating building an HIE must also understand a variety of technology-related issues, including the implications of cloud-based or software-as-a-service models versus more traditional implementation approaches.

Providers and the organizations that implement HIEs should also focus on how their compliance with privacy and security laws and federal healthcare laws may be affected by operating or participating in an HIE. Potential pitfalls and the technology-related issues involved when contracting with HIEs and the vendors that support them should also be identified and considered. HIEs and their participants must be especially mindful of varying approaches to patient consent, including statutory requirements in some states.

Listen as our authoritative panel of healthcare attorneys examines HIEs, including the different models currently in use and their legal risks and concerns. The panel will discuss HIE agreements, technology vendor contracting, and best practices for complying with federal and state laws.



  1. Recent developments in the HIE market
  2. HIE models currently in operation
  3. Legal issues with HIEs
    1. HIPAA and HITECH compliance
    2. Regulating HIEs across state lines
    3. Patient consent
  4. Contracting with HIE vendors—potential pitfalls


The panel will review these and other key questions:

  • What are the different HIE models in use across the country?
  • What are the key legal risks facing providers participating in HIEs?
  • What are the key legal issues for those who build and operate HIEs?
  • What are the challenges of regulating HIEs across state lines?
  • How does the eHealth Exchange and the DURSA impact HIE-to-HIE interconnection and information exchange?
  • What are the potential pitfalls for providers when contracting with HIE vendors?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Stephen P. Nash
Stephen P. Nash

Patton Boggs

He has represented health care organizations for more than 30 years. He speaks and publishes regularly on topics...  |  Read More

Melodi M. (Mel) Gates
Melodi M. (Mel) Gates

Patton Boggs

She counsels clients in data privacy, cybersecurity and regulatory compliance matters, helping organizations achieve...  |  Read More

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