Jeffrey T. Ganiban

Partner

Overview

Jeffrey Ganiban is a leading health care attorney and skilled negotiator who helps large hospital and health care systems extract maximum value and generate improved financial performance from technology acquisitions and agreements. Over the past 30 years, Jeff has advised nearly 100 health industry clients across the country and abroad on acquiring technology, negotiating strategic relationships with technology vendors, and leveraging technology to generate revenue and further growth, integration and alignment initiatives. As leader of the firm’s health care practice group, Jeff prioritizes providing clients with creative solutions that improve care and outcomes and enhance growth and profitability.

Jeff served as a law clerk to the Honorable Morton I. Greenberg, U.S. Court of Appeals for the 3rd Circuit, from 1989-90.

Strategic Alliances

Clients value Jeff’s ability to structure multiyear, multi-hospital agreements with technology vendors that ensures the client benefits from new technology, a streamlined acquisition process and the most cost-effective delivery of vendor services. These arrangements have included the full range of technologies and services, including:

  • Clinical and nonclinical information systems
  • Diagnostic imaging equipment
  • Radiation therapy
  • Bio-medical equipment
  • Clinical engineering and IS support services

Jeff crafts outcomes-based, shared-risk agreements that include improved operational efficiencies and significant savings for clients. Each arrangement is designed to meet clients’ particular strategic and operational goals, including, for example, improving bottom-line financial performance, achieving improved performance through capacity management and workflow maximization, improving the technical and financial performance of clinical engineering and IS services, and ensuring access to the newest technology in a cost-effective manner.

Enterprise Clinical, Financial, Enterprise Resource Planning and Human Resources Systems

Jeff crafts agreements for enterprise-wide clinical and nonclinical systems that require vendors add value through increased accountability and enhanced service-level commitments. Clients seeking to extend clinical, EHR and revenue cycle systems across hospitals or to license, implement and support clinical and nonclinical systems and services rely on Jeff to effectuate their business goals. He has counseled many clients on the use of technology as a means to develop closer affiliations between health systems and community providers.

Health care clients also turn to Jeff to negotiate the acquisition of enterprise-wide financial and resource-planning software. Jeff has experience with contracts involving software-as-a-service (SaaS)’ cloud-based services; outsourcing arrangements involving payroll, human capital and material management systems; and financial systems.

Commercialization of Services

Jeff helps clients develop new revenue streams from technology investments. He has advised clients on partnering with for-profit companies in developing and commercializing new technologies and on the development of new lines of business based on new technologies.

Outsourcing

Clients weighing the costs and benefits of outsourcing technology rely on Jeff to counsel on, structure and complete outsourcing arrangements for information technology, clinical engineering and other technology-based services. His work often delivers millions of dollars of savings, predictability of costs, the transfer of key risks to vendors, and resolution of persistent operational issues.

Representative Experience

Strategic Alliances 

  • Negotiated an eight-year strategic agreement between a quickly expanding multi-hospital health system in Pennsylvania and a leading health care technology vendor to achieve between $500 million to $1 billion in improved financial performance. The focus of the arrangement is on strategic growth, operations, integration, and performance improvement, while leveraging technology. The arrangement is based on a shared-risk model that is contingent upon the level of success in reaching certain agreed-upon goals.
  • Represented a multi-hospital health system in Rhode Island in the negotiation of a six-year “Master Relationship Agreement” with a health care technology company. Under the agreement, the technology company committed to produce $180 million in improved financial performance over six years though improved capacity optimization and workforce management. The agreement also established a structure to purchase technology and services more efficiently and a discount structure that ensures significant savings.
  • Represented a multi-hospital regional health care system based in North Carolina in the negotiation of a 10-year outcome-based agreement with a leading health care technology company. The agreement included commitments to collaborate on innovation and optimization projects, improve clinical and non-clinical workflows, and establish an efficient structure to acquire equipment and services subject to a discount structure that will result in savings above and beyond what the hospital has historically achieved.

Enterprise EHR Agreements

  • Represented a California-based health system in the acquisition of an enterprise inpatient and ambulatory EHR, billing and revenue cycle management system.
  • Advised a community health system located in Arkansas in the selection and acquisition of an enterprise inpatient, ambulatory and patient accounting system.
  • Advised a community hospital located in New Mexico in the acquisition of an enterprise inpatient and ambulatory EHR and patient accounting solution to be delivered on a remote-hosted basis. The implementation of the new enterprise solution displaced more than 75 health IT applications.
  • Represented a community hospital located in the Nebraska in the acquisition of a remote-hosted enterprise EHR and patient accounting system.
  • Represented a New York specialty hospital in negotiations for the licensing and implementation of enterprise clinical and financial systems and a separate agreement for the hosting services agreement.
  • Represented a regional health system based in Maine in an agreement to modernize and expand its existing EHR platform. Through the transaction, the client expanded its core EHR functionality, and expanded the scope of its relationship to include population health and patient accounting systems.
  • Advised a Massachusetts regional health system on the status and adoption regarding a stalled EHR implementation, as well as the termination of that project. Jeff subsequently negotiated an agreement with a new vendor that included provisions to address the pitfalls that were encountered previously.
  • Represented a multi-hospital health care system located in Georgia in a renegotiation of their current agreement with their current EHR system provider to move to a remote hosted solution.
  • Represented a nationally known research hospital located in the South in the renegotiation of its existing enterprise EHR solution to create a governance structure, increased accountability and enhanced service level commitments.
  • Advised a leading academic medical center and multi-hospital health system located in the Mid-Atlantic in the negotiation of an enterprise EHR and patient accounting system for five hospitals. In addition to negotiating the agreement for the acquisition and implementation of the enterprise-wide system, Jeff managed the entire contracting process for the negotiation of amendments and interface agreements with over 100 legacy systems.

Affiliation Strategies

  • Represented a multi-hospital regional health system based in Louisiana in the extension of its EHR and related systems to multiple community hospitals. The program included inpatient, ambulatory and financial systems, as well as implementation and ongoing support services.
  • Advised a large multi-hospital health system based in California in the creation of its program to extend its ambulatory system to community providers on both a subsidized and fair market value basis.
  • Represented a leading academic medical center and multi-hospital health system located in the Mid-Atlantic in the extension of their in-patient clinical systems to a community-based specialty hospital.
  • Represented a multi-hospital New York health system to manage the technology transition issues related to purchasing a three-hospital health system out of bankruptcy. Over a 30-day period, Jeff worked with the client to create the process and tools to prioritize, manage and execute the assignment, amendment and renegotiation of all of the critical clinical and non-clinical systems.
  • Represented a large Illinois health system in negotiations with an ambulatory EMR vendor that included a shared risk model for the extension of an ambulatory EMR to community providers. The negotiated agreement generated significant savings for the client and required the vendor to establish a dedicated team to support the community roll-out.
  • Represented several community-based hospitals located in Montana, California, and Indiana in separate contract negotiations with three different regional health care systems to license, implement and support clinical and nonclinical systems and services.

Commercialization of Services

  • Advised a multi-hospital health system in Florida in the development of a population health service offered to accountable care organizations and clinically integrated networks to enable them to improve health care delivery and outcomes and manage risk and costs
  • Advised a Florida academic medical center on issues related to a mobile application for the management of a chronic disease
  • Advised a New York-based academic medical center and community health system in the commercialization of care management services
  • Advised a multi-hospital health system based in Florida in the development and commercialization of a system related to the purchasing of goods and services
  • Advised a multi-hospital health system located in New York in the joint development and commercialization of a population health platform
  • Represented an academic medical center and health system located in Pennsylvania in the creation of a remote treatment planning service

 Enterprise Clinical, Financial, Enterprise Resource Planning and Human Resources Systems

  • Negotiated an ERP agreement for a major health system based in New York to implement and use an ERP and related systems on a software-as-a-service basis (SaaS).
  • Represented a specialty clinic and research institute in Colorado in the negotiation of an ERP and HR solution.
  • Represented a hospital in Montana in negotiation of payroll, material management, AP, general ledger and HR management systems. This representation included an agreement with the solutions vendor and a separate agreement for implementation and training services.
  • Represented a community hospital located in Montana in the acquisition and implementation of HR, talent management, payroll and general ledger solutions.
  • Represented a community hospital in New Hampshire in acquiring human capital management, payroll and financial systems.
  • Represented a community hospital in New Mexico in the acquiring and implementation of human capital management, payroll and financial systems.
  • Represented a community hospital in Arkansas in the acquisition of a patient accounting system.

Outsourcing 

  • Advised a Florida-based, multi-hospital health system in structuring a diagnostic imaging and biomedical service program with a third-party organization that guaranteed the client savings of at least 15 percent over five years, totaling approximately $12.5 million. The third-party service organization assumed responsibility for the management of the program and the client retained its existing clinical engineering staff, without any reductions in force.
  • Represented a community hospital in New Mexico in negotiating an outsourcing arrangement that enabled the hospital to address persistent issues related to the recruitment and retention of qualified IS professionals, while providing stable and predictable long-term costs.
  • Represented a health system based in New Jersey in the outsourcing of back-office services and patient accounting services.
  • Represented a health system in the Mid-Atlantic region to outsource its clinical engineering services, including the transition of the clinical engineering services it offered through a separate for-profit entity to other health systems and community hospitals.

Personal Interests

In addition to his wonderful wife and daughters, Jeff is passionate about the Philadelphia Eagles (a lonely fan in the D.C. office), Xavier Basketball (go Musketeers!) and the music of Bruce Springsteen.

Credentials

Bar Admissions

District of Columbia
New Jersey
Pennsylvania

Education

George Washington University
J.D. with highest honors (1989)

Tufts University
B.A. magna cum laude (1986)

Insights & Events

Leadership & Community

Professional Associations

  • American Health Lawyers Association

Firm Leadership

  • Leader, Health Care Practice Group
  • Drinker Biddle & Reath LLP — Chair, Health Care Group, 2019-20; Allocations Committee, 2017-19

Honors

  • Nightingale’s Healthcare News — Outstanding Health Transactions Lawyer, 2010

Awards Methodology

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