About

Welcome to our blog!

We started the Health IT Law Blog to create an easy and user-friendly way for you to keep up-to-date with the latest developments in this field.  

The U.S. health care industry is going through a period of tremendous change and growth.  The industry's legal landscape - both in terms of the regulatory framework and commercial considerations - will be significantly affected by the HITECH Act title of the American Recovery and Reinvestment Act (ARRA) signed by President Obama into law on February 17, 2009.

On this blog, we want to share our knowledge, understanding, and sometimes opinion about all of these exciting developments. 

We hope you enjoy reading our blog and return soon.

Steve, Vadim and the Post & Schell team.

About Steve Fox

Steven J. Fox is an acknowledged and well-known national authority on information technology, e-commerce and healthcare information and is Chair of the Information Technology Group. He assists clients with legal issues and strategic counseling involving technology, e-commerce and healthcare information systems. In particular, he is experienced in the development, acquisition, negotiation, transfer and licensing of complex information systems, and RHIOs (Regional Health Information Organizations); HIEs (Health Information Exchanges); networks and software; outsourcing; EHRs (Electronic Health Records), privacy protection, HIPAA (Health Insurance Portability and Accounting Act of 1996); Internet and Technology-use policies; consulting/services agreements; and corporate, contractual, and intellectual property matters.

Mr. Fox is co-author of "Guide to Medical Privacy and HIPAA," published by Thompson Publishing Group. He also is a co-author of "Guide to Establishing a Regional Health Information Organization," which was published in February 2007 by the Healthcare Information and Management Systems Society (HIMSS). Mr. Fox is a frequent national speaker and author on issues involving technology and healthcare information. For five years beginning in 2000 he authored a regular "Q&A" column about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) at www.HIPAAdvisory.com.

Areas of Practice

  • Information Technology
  • Data Protection
  • Electronic Discovery
  • Health Law
  • Business Law & Litigation

Bar Memberships

  • Maryland
  • Washington, D.C.

Publications

  • “Implementation Solutions and Unintended Gaps of Cost Sharing: HHS Final Rules for e-Prescribing and Electronic Health Records,” (co-author), The Journal of Healthcare Information Management, Summer 2007, Vol. 21, No. 3
  • Guide to Medical Privacy and HIPAA, co-author, Thompson Publishing Group, Washington, D.C.
  • Author of a regular “Q&A” column about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) at www.HIPAAdvisory.com.

Publications - Full Text Available

  • IDENTITY THEFT PREVENTION PROGRAM DEADLINE POSTPONED; OVERVIEW OF PROGRAM REQUIREMENTS
  • HIPAA Lessons Learned From HHS-Providence Resolution Agreement
  • HEALTH CARE PROVIDERS AND THE RED FLAG RULES: TIME IS RUNNING OUT

Affiliations

  • HIMSS (Advisory Board Member)
  • HIMSS RHIO Federation Workgroup
  • Pennsylvania eHealth Initiative (Ex-officio Board Member and Vice-Chair of the Policy Committee)
  • American Health Lawyers Association
  • Maryland HIMSS

Education

  • Juris Doctor, University of Maryland School of Law, 1974
  • Bachelor of Arts, University of Maryland, 1971 Graduated with honors

Classes/Seminars/Speaking Engagements

  • “Security and Privacy Issues in Connection with Wireless Technologies,” Maryland HIMSS Conference, Baltimore, MD (October 31, 2008)
  • Panel, “Privacy and Security: Health Information Exchange in Pennsylvania,” Western PA HIMSS Conference, Pittsburgh, PA (October 16, 2008)
  • Moderator: “The Role of Stark Reform in the Transformation of Healthcare in Rural Maine,” HIMSS Summit, Washington, D.C. (June 9, 2008)
  • “E-Discovery: Practical Knowledge About Data Retention and Management Under the Federal Rules on E-Discovery,” the Central Pennsylvania Health Information Management Association (CPHIMA), Hershey, PA (December 14, 2007)
  • “Complying with the Amended Stark & Anti-Kickback Regulations,” West Virginia HIMSS Chapter, Roanoke, WV (December 13, 2007)
  • “Legal Implications of the Ambulatory EHR - Complying with the Amended Stark & Anti-Kickback Regulations,” Maryland HIMSS Conference, Sheppard Pratt Conference Center, Baltimore, MD (October 12, 2007)
  • "Implementation Solutions and Unintended Gaps of Cost Sharing: HHS Final Rules for e-Prescribing and Electronic Health Records,” (co-author), The Journal of Healthcare Information Management, Summer 2007, Vol. 21, No. 3

About Vadim Schick

Vadim Schick is an associate in Post & Schell’s Washington, DC office. He is a member of the firm’s Information Technology and Data Protection Groups, where his practice focuses on advising clients regarding legal issues and strategic counseling involving technology, e-commerce and healthcare information systems. Mr. Schick has experience in preparation and negotiation of licensing, outsourcing (ITO/BPO/HRO), consulting, and marketing agreements, including electronic health record systems and related physician participation agreements; advising clients regarding Stark and Anti-Kickback Statute compliance issues; and advising clients regarding data privacy protection matters, including compliance with international, federal and state regulations, privacy policies and data breach protection and response procedures.

Mr. Schick serves pro bono as the General Counsel of The Patriot Fund, a non-profit organization in Washington, DC aimed at raising funds to benefit the injured U.S. veterans returning from Iraq and Afghanistan. Since 2005, Mr. Schick has served as a co-chair for the D.C. Legal Aid’s Generous Associates campaign, which raised a combined total of over $2.5 million in support of civil legal services for the District’s indigent population.

Areas of Practice

  • Information Technology
  • Data Protection
  • Business Law & Litigation

Bar Memberships

  • Maryland
  • Washington, D.C.

Publications

  • Jennifer McClennan and Vadim Schick, “O, Privacy”: Canada’s Importance in the Development of the International Data Privacy Regime, Georgetown Journal of International Law, Spring 2007

Publications - Full Text Available

  • IDENTITY THEFT PREVENTION PROGRAM DEADLINE POSTPONED; OVERVIEW OF PROGRAM REQUIREMENTS
  • HIPAA Lessons Learned From HHS-Providence Resolution Agreement
  • HEALTH CARE PROVIDERS AND THE RED FLAG RULES: TIME IS RUNNING OUT

Education

  • Juris Doctor, University of California, Berkeley School of Law (Boalt Hall), 2004 Symposium Editor, Berkeley Business Law Journal; Graduate student instructor
  • Bachelor of Arts, Major: History and Russian Literature, Johns Hopkins University, 2001 Elected Phi Beta Kappa; Elected voting member of the JHU Board of Trustees

Languages

  • Fluent in Russian
  • Proficient in Ukrainian and Spanish

Classes/Seminars/Speaking Engagements

  • “Universities & Data Privacy Compliance”, National Association of College and University Attorneys (NACUA) Annual Conference, New York, NY (June 22, 2008)