David Schoolcraft

Dave has worked for more than 20 years at the intersection of healthcare, law and technology. He is a Partner and Chair of the firm’s Digital Health Law Group. Dave provides strategic guidance to healthcare provider organizations and technology companies seeking to drive health system transformation. He has a national practice advising clients on technology licensing, data governance, health information privacy and security issues. Dave works extensively on legal issues related to HIPAA and health information exchange including organizational governance, data security, and privacy compliance matters. He is a frequent author and lecturer on health information technology and data privacy and security issues.

Dave also represents health care organizations on a wide range of corporate and regulatory matters, focusing on affiliations, joint ventures, managed care contracting networks such as clinically-integrated networks (CINs) and accountable care organizations (ACOs), and other health reform initiatives and alignment strategies. He provides corporate transactional and health care regulatory counseling for these projects.

Dave is licensed to practice in Washington and Oregon and is a member of the King County and Washington State Bar Associations, the Washington State Society of Healthcare Attorneys, the Healthcare Information Management and Systems Society and the American Health Law Association.

Dave received his bachelor’s degree, magna cum laude, from the University of Washington. He received his law degree, cum laude, from Seattle University, where he was an associate editor of the Law Review.

Association Memberships

• Washington State Bar Association
• King County Bar Association
• American Health Law Association

Education

• J.D., Seattle University
• B.A., University of Washington

Professional & Community Activities

• Healthcare Information Management and Systems Society
• Washington State Society of Healthcare Attorneys

Representative Experience

• "Hoodies + Suits. Advising Healthcare Start-ups," WSBA Health Law Fall CLE, September 2022
  
• "Navigating IP and Contract Issues," Digital Enablement Summit, May 2022
• "Real World Implementations: How are you engaging your stakeholders on information blocking?", ONC Annual Meeting, March 2021
• "HIPAA Summit Patient Accessibility: The Foundation of Interoperability Panel," HIPAA Summit, March 2021
• Panel Discussion: "Opportunities and Challenges in Sharing Patient Generated Health Data," Health Data Unbound Virtual Conference – Innovations in Health Data Sharing for the Covid-19 Era and Beyond, November 2020
• "Get Up to Speed on the New Health Data Rules," Digital Health Group Conference Series, September 2020
• "Digital Health Policy Matters: Assessing the Impact of the 21^st Century Cures Act," WSSHA , 2019
• “Cures Act Conference + Call to Action.” April, 2019.
• “21^st Century Cures Act and Opportunities for Digital Health Companies.” Stride Services Virtual Office Hours – Unlock the keys to the Cures Act, February 2019.
• “Equipping Health Technology Buyers & Sellers for Potential Increased US Governmental Scrutiny,” HIMSS18, March 2018.
• “Navigating Regulation in Digital Health,” UW Holloman Health Innovation Challenge, October 2017.
• “Health Information Technology Law,” Seattle University Health Law Certificate Program, August 2017.
• “How to Avoid Getting Sued by Your Cyber Risk Insurer,” HIMSS16, March 2016.
• “OIG Auditing for Security and the EHR,” AHIMA, October 2015.
• “OIG Security Audits of EHR Incentive Program Participants,” HIMSS15, April 2015.
• “Healthcare Contracting 101: Removing the Pain from Your Paper Processes,” DocuSign, January 2015.
• “Double Dipping for EHR Funding,” MGMA, October 2014.
• “Legal Aspects of Meeting Patient Engagement Requirements,” MGMA, October 2014.
• “Negotiating IT Contract from a Management and Legal Perspective: Strategies for Success,” Oregon HFMA Fall Meeting (Welches, OR), September 2014.
• “No BAA Left Behind: Time-Saving Tips to Meet the HIPAA Deadline,” DocuSign, August 2014.
• “Personalized Healthcare: The Doctor is On-line,” WBBA’s Life Science Innovation Northwest 2014, June 2014.
• “Assessing Cyber Liability Risk,” CPCU Spring Seminar, May 2014.
• “Using Stark/Anti-Kickback to Support Hospital/Physician IT Alignment Strategies,” HIMSS14, February 2014.
• “Accountable Care Organizations - Impact on Specialty Care Services,” Puget Sound Spine Interest Group, September 2013.
• “HIPAA Training for Clinical Staff,” Island Hospital Clinics, February 2012.
• “HIPAA and the HITECH Act: A guide for Mental Health Professionals,” Clark County Regional Support Network (Vancouver, WA), January 2011.
• “CON 704: HITECH Action Plan: EHR Incentive Payments and Practical Implementation Issues,” Medical Group Management Association 2009 Annual Conference (Denver, CO), October 2009.
• “HITECH Health Reform: Incentive Payments, HIPAA Requirements, and the Impact of the HITECH Act,” Washington State Society of Healthcare Attorneys Fall Meeting (Seattle, WA), September 2009.
• “EHR Technology Donation Under the Stark, Anti-Kickback and Tax Rules,” Healthcare Information and Management Systems Society HIMSS National Meeting, April 2009.
• “Drafting an Effective Contract for Donation of EHR Under Stark/AKS,” National Opinion Research Center Teleconference, April 2008.
• “Drafting an Effective Contract for Donation of EHRs under the Stark Exception and AKS Safe Harbor,” Healthcare Information and Management Systems Society Annual Conference (Orlando, FL), 2008.
• “Negotiating an EHR Contract from a Management and Legal Perspective,” Medical Group Management Association, Washington and Oregon Chapters Annual Conference (Vancouver, B.C.), May 2007.
• “Stark Exception and Anti-Kickback Safe Harbor for Health IT Donations,” HIMSS Webinar, October 2006.
• “Technology Contracting,” Washington State Society of Healthcare Attorneys Annual Conference (Vancouver, B.C.), November 2005.
• “Negotiating Information Technology Contracts from a Management and Legal Perspective,” Medical Group Management Association Annual Conference (Nashville, TN), October 2005
• “Negotiating Technology Contracts,” Medical Records Institute TEPR; Health IT Trends and Marketing: A Conference Designed for Health IT Vendors (Boston, MA), August 2005.
• “Toward an Electronic Record 2005: Negotiating a Contract from a Management and a Legal Perspective,” 21st Annual TEPR Conference & Exhibition 2005/The EHR Era Has Begun. Is Your Organization Ready (Salt Lake City, UT), May 2005.

Accolades

• Recognized in the 2022 - 2025 editions of The Best Lawyers in America for Health Care Law
• Recognized in the 2024 -2025 editions of The Best Lawyers in America for Technology Law and Privacy & Data Security Law
• Recognized as a Super Lawyers Rising Star, 2004, 2007 - 2008
• Recognized by Super Lawyers for Health Care, 2011 - 2012