Aug 15, 2019
I am working on a collaborative endeavor right now where the BAA (business associate agreement) signing has literally taken a year. The whole project will likely take 2 weeks. I know I’m likely not going to shock anyone listening, but the legal side of any sale or install or collaboration or proposed interoperability can be a serious impediment when every venture takes literally months or even years. That’s kind of the opposite of a fluid marketplace or fluid collaborative environment and one of the reasons why organizations can’t innovate, even incrementally, if that innovation involves any outside partners or alliances.
This whole legal jumble can also be a big reason why organizations might stick with substandard vendors, even vendors who are clearly overcharging them in some cases—just because the hassle factor and expense of switching to a better option is real. So, what’s some practical advice to minimize the amount of time spent in BAA or contracting purgatory so that we can move forward with improving patient care and outcomes and being disciplined and efficient in the process in doing so?
In this health care podcast, I speak with Bill Tanenbaum from Polsinelli. Bill is Polsinelli’s practice co-chair of health care technology and innovation.
William A. Tanenbaum works
closely with clients to provide actionable, industry-informed
solutions for their business needs. Recognized as one of the
Who’s Who Legal “Thought Leaders Global Elite,” Bill is
also ranked in top tiers by Chambers: America’s Leading Lawyers
for Business, Legal500, and Best Lawyers in
technology, outsourcing, intellectual property (IP), and data law
and as one of the Top 30 IT lawyers in the US (Who’s Who
Legal). Chambers says Bill “brings extremely high
integrity, a deep intellect, fearlessness and a practical,
real-world mindset to every problem.” Chambers identifies
Bill as a “prominent figure in technology and outsourcing” with a
“solid national reputation” and “notable expertise in
cybersecurity, data law and IP.” Bill is a past president of the
International Technology Law Association. He is a member of
Polsinelli’s 40-attorney Technology Transactions and Data Privacy
Group, and the practice
co-chair of the Health Care Technology and Innovation Group, the
nation’s second-largest practice, according to the American Health
Lawyers Association.
02:27 Collaboration and collaborative intellectual property
(IP).
02:53 The typical mistake when collaborating.
03:29 What can go wrong when you jointly own IP.
05:33 “The basic way to do it is to figure out the business result
that you want.”
05:44 The tools you need to collaborate the right way.
07:46 “How do you get a patent on this?”
08:16 How equity can throw a wrench into collaboration and
acquisition.
10:41 The types of intellectual property regimes.
11:01 The overlapping parts of IP in collaboration.
11:36 Is there really joint ownership?
14:36 What needs to be in place legally in order to share and
collaborate on data.
14:59 “Data ownership doesn’t fit very well within any legal
regime.”
16:26 “Data as a service.”
16:34 The business associate aspect of a hospital bed.
17:18 “Who owns all this data now?”
17:55 Barriers to the right things getting done.
18:21 Ensuring that your outgoing data doesn’t violate HIPAA.
19:51 “Sometimes this is just a mismatch of expectations.”
20:41 How collaboration within data and IP works.
22:14 Patients vs hospitals—who owns patient data?
25:38 What TEFCA is and is trying to do.
26:30 “How do we actually make this work?”
26:59 TEFCA (Trusted Exchange Framework and Common Agreement) and
FHIR (Fast Healthcare Interoperability Resources).
27:34 The HIE (Health Information Exchange) objection to TEFCA.
28:04 Expense vs proprietary rights.
Collaboration and #collaborative #intellectualproperty. @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
What’s the common mistake made when collaborating? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
What’s the problem with jointly owning #intellectualproperty? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
“The basic way to do it is to figure out the business result that you want.” @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
What tools do you need to collaborate the right way? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
“How do you get a patent on this?” @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
What are the types of #intellectualproperty regimes? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
What are the overlapping parts of #intellectualproperty within collaboration? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
Is there really #jointownership when #collaborating? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
“Data ownership doesn’t fit very well within any legal regime.” @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
“Sometimes this is just a mismatch of expectations.” @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth
Patients vs hospitals—who owns patient data? @WmTanenbaum of @Polsinelli discusses in our #healthcarepodcast. #healthcare #podcast #healthtech #healthdata #healthIP #IP #data #collaboration #digitalhealth