Structuring Indemnification Provisions in Business Associate Agreements: Allocating Risk in Healthcare Contracting
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel in determining whether and when to include indemnification provisions in business associate agreements (BAAs). The panel will offer best practices for drafting and negotiating indemnification provisions.
Outline
- Whether and when to include indemnification provisions
- Considerations when determining whether and how to include indemnification provisions in a BAA
- Best practices for negotiating and structuring indemnification provisions
Benefits
The panel will review these and other high priority issues:
- What factors should counsel consider when determining if an indemnification provision is appropriate for a BAA?
- What approaches should counsel use to protect a client's interests when drafting and negotiating an indemnification provision?
- What are some best practices for counsel when structuring indemnification provisions in BAAs?
Faculty
Rick L. Hindmand
Counsel
McDonald Hopkins
Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and... | Read More
Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, medical device companies, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). He also assits healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.
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Nathan A. Kottkamp
Partner
Williams Mullen
Mr. Kottkamp’s regularly handles intricate—and often urgent—matters, such as professional licensure... | Read More
Mr. Kottkamp’s regularly handles intricate—and often urgent—matters, such as professional licensure complaints, regulatory deficiency findings, difficult patient/ethics issues, medical staff issues, and just about anything else that inevitably arises in the complex context of providing health care services. He provides experience-informed counsel to clients to reduce the risk or extent of problems in the first place, at both the state and federal levels. Mr. Kottkamp's clients are hospitals and health systems, academic medical centers, behavioral health care services providers, senior care providers and retirement communities, specialty physician practices, post-acute, and long-term care providers. He is a nationally recognized authority on the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In addition to his other privacy and security experience, Mr. Kottkamp has earned the CIPP/US designation as a Certified Information Privacy Professional from the International Association of Privacy Professionals. He has been recognized as a "Leading Lawyer" for Cyber Law in Virginia by Legal 500 U.S. (2017-2018) and has been named to "Legal Elite," Health Law by Virginia Business (2009-2017, 2019-2022). Complementing his HIPAA experience, Mr. Kottkamp routinely addresses issues involving 42 CFR Part 2, with respect to substance use disorder records.
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