With over 30 years of legal experience, Herb primarily concentrates his practice on health care matters, specifically handling the exchange of electronic health information. This work includes representing health information exchanges (HIEs) in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.
He is actively involved in policy development that affects the exchange of data by providers, payors, and consumers of health services at the federal and state levels as well as the evolving fields of health-data analytics and telehealth. He also advises numerous hospital clients and medical practices on the use of electronic medical records.
Herb additionally has extensive experience in business law, representing commercial entities and not-for-profits from start-up through succession planning and including real estate transactions. He also handles buy-sell transactions, mergers, and the affiliation of both for-profit and not-for-profit entities.
Herb works closely with numerous HIEs across New York State, drafting and updating policies to comply with ever-evolving NYS and federal laws on data privacy and security, protected health information (PHI), and personally identifiable information (PII). He assists with security incident investigations and breach responses, and Herb drafts and negotiates contracts for clients with vendors providing cybersecurity certification and risk assessment services.