Photo of Paul T. Smith

Paul T. Smith

Partner

Education

University of Natal, B.A., 1974

University of Natal, Faculty of Law, LL.B., 1976, cum laude

Bar Admissions

  • 1977, Zimbabwe
  • 1980, California
Profile
Presentations & Speaking Engagements
News
Publications

Paul Smith advises clients in health care and other industries on health information privacy and security, corporate formation and governance, joint ventures, financing, reimbursement and regulatory compliance. He also represents technology companies in transactional, financing and licensing matters, and data privacy and security.

  • Serves as co-general counsel to the Hospital Council of Northern and Central California, a regional association of hospitals
  • Advises health care providers on health information privacy and security compliance, and incident response
  • Advises health care providers on operations, financing and legal compliance
  • Represents health care and financial services software vendors in connection with licensing, regulatory and business matters
  • Advises hospitals and physicians groups on the structuring and financing of medical practice acquisitions and ancillary service joint ventures
  • Advises physicians on medical practice formation, operation, restructuring and dissolution

Professional Affiliations

  • Healthcare Financial Management Association
  • Medical Group Management Association
  • California Society for Healthcare Attorneys
  • American Health Lawyers Association

Honors & Awards

  • Named Northern California Best Health Care Lawyer of the Year by Best Lawyers, 2016.
  • Named as one of “America’s Leading Lawyers for Business” in Healthcare (California) by Chambers USA, 2005-present
  • Recognized by Best Lawyers, 2008-present
  • Selected to “Northern California Super Lawyers” in Health Care Law and Business/Corporate Law, Law & Politics, 2010-2012
  • Recognized as a Northern California Super Lawyer 2016
  • “Privacy and Security Issues in EHR Operations,” National Electronic Health Records Summit, San Francisco, 10.06.10
  • “Legal and Regulatory Aspects of HIT, EHR, and HIE,” Health Innovation Week, San Francisco, 10.06.10
  • “Advanced HIPAA Privacy Topics,” Health Innovation Week, San Francisco, 10.04.10
  • “Privacy and Security Changes under the HITCH Act: Overview,” Fourth HIPAA Summit West, San Francisco, 10.04.10
  • “Accountable Care Organizations,” Leadership Summit 2010, Hospital Council of Northern & Central California, Olympic Valley, Calif., 10.01.10
  • “2010 Health Care Regulatory and Compliance Update,” Millennium Biltmore Hotel, Los Angeles, 03.23.10
  • “Patient Privacy and Security: Data Breach Reporting,” Health Care Webinar Series, 09.17.09
  • “2009 Health Care Compliance and Regulatory Update,” Millennium Biltmore Hotel, Los Angeles, 05.12.09
  • “Health Care Regulatory and Compliance Updates,” Hospital Council of Northern & Central California and Davis Wright Tremaine, San Francisco, 05.01.08
  • “Health Care Regulatory and Compliance Update,” Co-hosted with Hospital Council of Northern & Central California, 05.01.08
  • “Health Information Exchange: Goals and Governance,” National HIT Audioconference, sponsored by Health IT Certification, Health Affairs, Harvard Health Policy Review, 03.06.08
  • “Risks and Liabilities in Electronic Medical Record: Protecting Privacy, Avoiding Penalties and Litigation,” Kathrin E. Kudner, Paul F. Danello, and Paul T. Smith, Strafford Publications Teleconference, 02.19.08
  • “IT and EHR Migration Path,” Health IT Certification, CalPERS, Sacramento, Calif., 02.05.08
  • “HIT and EHR Migration Path,” Health IT Certification, Las Vegas, Nev., 01.21.08
  • “HIT and EHR Migration Path,” Health IT Certification, Executive Education Programs in Healthcare Management & Policy, UCLA School of Public Health, Los Angeles, 11.05.07
  • “Ancillary Services and Regulatory Issues,” 14th Napa Pain Conference, Yountville, Calif., 10.06.07
  • “Protecting PHI and Responding to Data Theft,” HCNCC-DWT Compliance Program, Oakland, Calif., 06.05.07
  • “Risks and Liabilities in Electronic Medical Record: Protecting Privacy, Avoiding Penalties and Litigation,” Strafford Publications Teleconference, 04.04.07
  • “Overview of HIT Legal Issues,” 4th National HIT Summit and 14th National HIPAA Summit, Washington, D.C., 03.29.07
  • “Financial Incentives and Gainsharing: Pay for Performance and Gainsharing Legal Issues,” The Second National Pay for Performance Summit, Los Angeles, Calif., 02.15.07
  • “Understanding Privacy And Security Issues In Implementing EHR: PHI under HIPAA,” 2007 EHR & E-Prescribing Summit, Garden Grove, Calif., 01.31.07
  • “Legal Issues in Health Information Technology,” Health IT Certification training, Las Vegas, Nev., 01.22.07
  • “Pay for Performance Health Care Webinar,” National Association of Certified Valuation Analysts, 12.14.06
  • “Protecting PHI and Responding to Data Thefts,” Washington State Hospital Association, Webinar, 12.04.06
  • “Legal Issues in Health Information Technology,” Health IT Certification Training, San Francisco, Calif., 11.15.06
  • “Legal Issues in Health Information Technology,” Health IT Certification Training, Scotts Bluff, Neb., 11.01.06
  • “Health Information Privacy and Security in Shared Health Record Systems – Why HIPAA Doesn’t Work,” The Thirteenth National HIPAA Summit, Washington, D.C., 09.26.06
  • “Legal and Regulatory Aspects of EHR Systems,” Health IT Certification Training, National Pay for Performance Summit Postconference Symposium, Los Angeles, Calif., 02.08.06
  • “PFP and Financial Incentives and Legal Issues: Basic Legal Issues in Implementing Healthcare Incentives and Pay for Performance Programs,” National Pay for Performance Summit, Los Angeles, Calif., 02.07.06
  • “Legal and Regulatory Aspects of EHR Systems,” Health IT Certification Training, California Health Care Foundation, Oakland, Calif., 02.01.06
  • “Legal and Regulatory Aspects of EHR Systems,” Health IT Certification Training, Las Vegas, Nev., 01.12.06
  • “Legal and Regulatory Aspects of EHR Systems,” Health IT Certification Training, Denver, Colo., 12.06.05
  • “The HIPAA Privacy Rule,” Lorman Education Services, Santa Rosa, Calif., 11.15.05
  • “Consumer Protection and Patient Safety,” Governor’s Call to Action: Arizona Health Information Technology, Phoenix, Ariz., 10.05.05
  • “Legal Issues in Getting Communities Connected,” Bruce Merlin Fried, Esq., and Paul T. Smith, Esq., 2005 Get Connected Knowledge Forum, Dallas, Texas, 06.28.05
  • “The Proposed Medicaid E-Prescribing Rules: Briefing for Stakeholders,” Maria Friedman, DBA, CMS, Avishay Erlich, Wellpoint PM, and Paul Smith, Health Resources Publishing Audioconference, 05.05.05
  • “Legal Issues in Health Information Technology,” Health IT Certification Training, Los Angeles, Calif., 05.03.05
  • “Electronic Health Records/National Health Information Infrastructure: Legal Issues in HIPAA and Emerging Technologies,” The Tenth National HIPAA Summit, Baltimore, Md., 04.07.05
  • “Legal Issues in Health Information Technology,” Health IT Certification Training, Scotts Bluff, Neb., 03.17.05
  • “Confidentiality of Medical Records In California,” Lorman Education Services, Santa Rosa, Calif., 03.16.05
  • “Panel Discussion: Negotiation of Regional Health Information Organization (RHIO) Organization and Operations,” Health Information Technology Summit, San Francisco, Calif., 03.07.05
  • “Barriers to Electronic Health Information Sharing Initiatives,” 6th Annual Conference, 02.24.05
  • “Legal Issues in Health Information Technology,” Health IT Certification Training, CalPERS, Sacramento, Calif., 02.08.05
  • “Legal Issues in Health Information Technology,” Health IT Certification training, Las Vegas, Nev., 01.25.05
  • “Legal Issues in Health Information Technology Implementation for Pharmaceutical Enterprises,” Fifth Annual Pharmaceutical Regulatory and Compliance Congress, Washington, D.C., 11.16.04
  • “Healthcare Privacy: Health Information Technology and Privacy – A Practitioner’s Toolkit,” IAPP Privacy and Data Security Academy and Expo, New Orleans, La., 10.28.04
  • “Community-Based Collaborations: Legal Issues in Structuring Health Information Exchanges,” The Health Information Technology Summit, Washington, D.C., 10.23.04
  • “Structural and Legal Issues in HIT Implementation,” The Ninth National HIPAA Summit, 09.14.04
  • “Electronic Health Records/National Health Information Infrastructure: Legal Issues in HIPAA and Emerging Technologies – EHR, CPOE, Patient-Physician eCommunication, etc.,” The Ninth National HIPAA Summit, Baltimore, Md., 09.13.04
  • “NHII 04: Cornerstones for Electronic Healthcare,” National Health Information Infrastructure 2004, Washington, D.C., 07.21.04
  • “Addressing HIPAA and Other Legal and Regulatory Issues Related to IT and Health Information Exchange,” First Annual Connecting Communities for Better Health Learning Network, 06.25.04
  • “Essentials for Safeguarding Personal Health Information Using the HIPAA Security Standards,” National Business Institute Seminar, Oakland, Calif., 05.14.04
  • “HIPAA Compliance Issues for Provider Contracting Networks,” Eighth National HIPAA Summit, Baltimore, Md., 05.08.04

News

Advisories

  • A Red Flag Reprieve for Health Care Providers? The Door Remains Open Pending Federal Agency Action, 12.09.10
  • New Disclosure Requirements for MRI, CT, and PET Scans Begin Jan. 1, 12.06.10
  • CMS Posts Stark Voluntary Disclosure Protocol, 09.27.10
  • Health Care Reform: Accountable Care Organizations and Exempt-Organization Participants, 09.01.10
  • HHS Issues Proposed Rules to Implement Privacy and Security Provisions of HITECH Act, 07.13.10
  • CDPH Issues $675,000 in Fines to 5 Hospitals over Privacy Breaches, 06.16.10
  • Accountable Care Organizations – Don’t Ignore the Hype, 06.03.10
  • National Broadband Plan: Focus on Electronic Health Records, 03.16.10
  • HITECH Breach Notification: A Blizzard of Activity, 02.22.10
  • Happy Birthday HITECH! Covered Entities and Business Associates Begin the “Celebration” of New Privacy and Security Requirements, 02.16.10
  • HHS Issues Rule on Breach Notification for Unsecured Protected Health Information, 08.25.09
  • FTC Issues Final Rule on Breach Reporting by Personal Health Record Providers, 08.24.09
  • New Stark Amendments Affecting “Under Arrangements,” “Percentage” and “Per-Click” Leases: Deadlines Approaching, Rumors Flying, 04.22.09
  • Carrots and Sticks: The Stimulus Package Promotes Health Information Technology, 02.19.09
  • Economic Stimulus Package Ratchets up Privacy and Security for Health Information, 02.18.09
  • Red Flag Rules Compliance Deadline Approaches: Providers should focus on identity theft prevention program implementation, 02.09.09
  • CMS Releases 2009 Final Physician Fee Schedule: New rules for mobile IDTFs; final anti-markup provisions under the PDT rule, 01.06.09
  • HHS Issues Guidance on HIPAA Privacy Rule, Electronic Exchange of Health Information, 12.17.08
  • New California Laws Strengthen Patient Privacy, 10.03.08
  • Health Care Providers: Don’t Miss the Red Flags, 08.19.08
  • DEA Erects a Checkpoint on the Road to E-Prescribing, 06.30.08
  • CMS Proposes Another Layer of Stark Regulation, 04.22.08
  • Physician-Owned ASCs to Lose Licenses, 04.21.08
  • Stark II: Physician Recruitment, 05.04.04
  • “Will Electronic Health Records Become the New Standard of Care? (And How Worried Should You Be If They Do?),” CAPG Update, Volume 8, Number 4, 05.01.06

Publications

Health Information Privacy, chapter in Privacy Compliance and Litigation in California, Continuing Education of the Bar, California, 2008, updated annually

California Health Information Privacy Manual, California Hospital Association, 2009 (contributing author)

Medical Practice Consolidation: Structural and Legal Issues, co-author, BNA’s Health Law & Business Series, 1996, updated

For media inquiries, please contact Barrett McBride at bmcbride@health-law.com or 916.456.5855.