Risk Allocation in Business Associate Agreements: Structuring Indemnification Provisions and Beyond

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, ambulatory surgery centers, provider networks, and physician / hospital affiliations, as well as arrangements to provide professional and ancillary services, telehealth, chronic care management, remote patient monitoring, and physician in-office dispensing. Mr. Hindman also assists 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.

Ms. Leopard is a veteran health IT attorney at the intersection of healthcare, technology, and innovation. For over 25 years, she has guided healthcare providers, payors, and innovators through complex regulations, designing technology and data-sharing solutions that safeguard patients, data, technology assets, and intellectual property while mitigating privacy and security risks. Ms. Leopard helps clients leverage technology for innovative applications across the AI life cycle to transform regulated healthcare data into scalable, responsible AI solutions. She offers strategic guidance on enterprise governance and risk management, contracting and procurement, regulatory and product counsel, data rights, interoperability, and government enforcement. Ms. Leopard holds MIT Sloan’s AI in Health Care certificate, which covers AI assurance, risk stratification, transparency, and bias mitigation from concept to deployment. Her decade in hospital leadership provides valuable operational insight, and an early internship at the U.S. Justice Department shaped her regulatory counsel. Ms. Leopard has dedicated her career to health law, serving as secretary and board member of the American Health Law Association and chairing its Health IT Practice Group. 

Mr. Scott counsels small and large entities, including merchants, medical providers, financial institutions, and educational institutions on the identification, evaluation, and management of first- and third-party data privacy and cybersecurity risks. He advises on data privacy, cybersecurity breach response, and payment card industry standards and investigations. Mr. Scott has handled hundreds of breaches, often reducing public and regulatory scrutiny and protecting clients’ reputations. His practice also includes advising clients on compliance with state, federal, and international laws and regulations. In addition to his data privacy and cybersecurity experience, Mr. Scott served as a judicial law clerk for the Chief Judge of the U.S. Court of Appeals for the Armed Forces. He also participated in the investigation and prosecution of financial fraud in the handling of government contracts for the Special Inspector General for Iraq Reconstruction in coordination with the Department of Justice. After serving in the U.S. Marine Corps for 27 years, Mr. Scott retired as a colonel.