Health Information Exchanges: Minimizing Legal Risks and Liabilities

Protecting Patient Privacy and Security After Healthcare Reform and HITECH

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

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Conducted on Wednesday, September 1, 2010

Recorded event now available

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Course Materials

This CLE course will provide guidance to counsel for healthcare providers on the legal risks involved with health information exchanges and outline the steps to minimize liability exposure.


The healthcare reform and HITECH acts provide incentives to healthcare providers to implement health information exchanges (HIEs) and electronic data systems. Health information organizations and HIEs play an integral role in how healthcare information is shared among providers.

HIEs and electronic health record systems can improve quality of care, reimbursement, coordination and information management among providers. However, participation in HIEs is not without its legal risks.

Healthcare providers and their counsel must be prepared to address issues related to privacy and security, reimbursement issues and regulatory barriers, among other things, and employ the necessary strategies to minimize the risks and liabilities.

Listen as our authoritative panel of healthcare attorneys examines health information exchanges, including the different models and their legal risks and concerns. The panel will offer strategies for healthcare counsel to mitigate those risks.



  1. HIE and different models
    1. Role of HITECH and PPACA
    2. EHR
    3. HIOs, RHIOs
    4. PHRs
    5. DHHS proposed regulations
  2. Legal risks/concerns
    1. Privacy concerns
    2. Security
    3. HITECH reporting breach
    4. Reimbursement
    5. Regulatory barriers
    6. Cloud computing
  3. Strategies to mitigate risks


The panel will review these and other key questions:

  • What are the different HIE models developing across the country?
  • What are the key risks posed by HIEs and electronic health records?
  • What are the key strategies for healthcare providers to mitigate the risks of HIEs?


Paul T. Smith
Paul T. Smith

Davis Wright Tremaine

He advises clients in healthcare and other industries on corporate formation and governance, joint ventures, financing,...  |  Read More

James B. Wieland
James B. Wieland

Ober Kaler

Mr. Wieland has significant experience in counseling health care industry clients on all aspects of information...  |  Read More

Robin K. Vinson
Robin K. Vinson

Smith Anderson Blount Dorsett Mitchell & Jernigan

He focuses his practice in the areas of Antitrust and Trade Regulation, Business and Healthcare Law and Complex...  |  Read More

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