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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 94015 v. (415) 882-5040 f. (415) 543-5472 rhirsch@sonnenschein.com Paul T. Smith, Esq. Davis Wright Tremaine LLP One Embarcadero Center Suite 600 San Francisco, CA 94111

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HEALTH INFORMATION TECHNOLOGY SUMMIT OCTOBER 23, 2004 COMMUNITY-BASED COLLABORATIONS: LEGAL ISSUE

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  1. Reece Hirsch, Esq. Sonnenschein Nath & Rosenthal LLP 685 Market Street Sixth Floor San Francisco, CA 94015 v. (415) 882-5040 f. (415) 543-5472 rhirsch@sonnenschein.com Paul T. Smith, Esq. Davis Wright Tremaine LLP One Embarcadero Center Suite 600 San Francisco, CA 94111 v. 415.276.6532 f. 415.276.6599 paulsmith@dwt.com Robert D. Belfort Manatt Phelps & Phillips, LLP 1675 Broadway New York, NY 10019 v. 212.830.7270 f. 212.541.9250 RBelfort@manatt.com HEALTH INFORMATION TECHNOLOGY SUMMITOCTOBER 23, 2004COMMUNITY-BASED COLLABORATIONS:LEGAL ISSUE

  2. Community-Based Collaborations:Legal Issues Organizational and Operational Issues

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

  4. 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

  5. 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

  6. 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.

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