Viki Prescott

Email Viki  |  317-402-0340
*Affiliated with Coppersmith Brockelman PLC on designated matters; admitted in Indiana and California

Viki has significant experience representing hospitals, academic medical centers, physician practices, research institutes and technology companies. She assists clients in drafting and negotiating agreements, and provides advice on regulatory and compliance matters in the areas of clinical research, biobanking, health information exchange and data sharing, HIPAA compliance and data privacy, and software and technology development and licensing.

Viki was General Counsel for the Regenstrief Institute at Indiana University, lead attorney for clinical research for an $8 billion health system, and Senior University Counsel for Stanford University. She was tapped for several engagements by federal and state governments for her deep expertise in health policy and legislation relating to health information exchange, data privacy and clinical research, which she uses to help clients navigate the complexities of regulatory compliance.

Viki also has extensive experience in the software and technology field, serving as General Counsel of an international software company, and former lead intellectual property attorney of a Fortune 500 company. She also has a software development background, management experience in implementing health information exchange systems, and experience as a software company entrepreneur. She helps clients develop and negotiate strategic licensing agreements and collaboration agreements in the health care, software and technology fields. Viki has also counseled clients in domestic and international intellectual property prosecution, licensing and enforcement, including trademark, copyright, patent, trade secret, and right of publicity.

Representative Matters

  • Advised clients on complex clinical data sharing initiatives.
  • Assisted large academic medical center in the drafting and negotiation of biobanking and genetic sequencing agreement with a commercial company.
  • Created clinical trial agreement negotiation guidelines for a large health system.
  • Developed template research-related agreements for a national health care provider, including agreements for research collaboration, hospital services, professional services, indemnification, material transfer, data use, confidentiality, business associate, and simplified clinical trial agreement.
  • Worked closely with a health system to negotiate a master research collaboration agreement with a state university.
  • Developed and implemented a legal and operational strategy for biospecimen research for a large health system.
  • Negotiated a cancer network participation agreement for a community hospital.
  • Advised a hospital on regulatory compliance regarding the use of humanitarian use devices.
  • Drafted statewide health information exchange participation and subscription agreements.
  • Led strategic planning efforts for expansion, governance re-structuring, operations policy development and terms of participation for a regional health information exchange between multiple large hospitals.
  • Advised client on Institutional Review Board compliance.
  • Led 17-state collaborative group to make recommendations to HHS on resolution of federal privacy law issues.
  • Drafted template and negotiated several Software-as-a-Service agreements for an international software client with multinational corporations.

Awards & Recognitions

  • State of Florida Davis Productivity Award Certificate of Commendation
  • Certified in Healthcare Privacy Compliance (CHPC)

Publications & Presentations

  • OCR Guidance on Contacting COVID-19 Survivors about Blood Donation, Coppersmith Briefs (July 7, 2020) (co-author)
  • Final Report of the Behavioral Health Data Exchange Consortium, ONC State Health Policy Consortium Project, (Prepared by RTI International for the U.S. Office of the National Coordinator for Health Information Technology (ONC), Contract No. HHSP23320095651WC, Order No. HHSP23337007T) (March 2013) (co-author)
  • Registries for Evaluating Patient Outcomes: A User’s Guide: 2nd Edition, (Prepared by Outcome DEcIDE Center [Outcome Sciences, Inc.] under Contract No. HHSA290200500351 T03), AHRQ Publication No. 10-EHC049, Rockville, MD: Agency for Healthcare Research and Quality (September 2010) (contributor)
  • Universal Patient Authorization forms, enacted by rule in Florida (2010) (primary author)
  • Task #2: Report and Recommendations on Health Information Exchange Services That Are Financially Sustainable, State-Level HIE project, funded by the U.S. Office of the National Coordinator for Health Information Technology (ONC) (November 2006) (primary author)
  • Final Report: Development of State-Level Health Information Exchange Initiatives, funded by the U.S. Office of the National Coordinator for Health Information Technology (ONC) (September 1, 2006) (primary author)
  • State-Level Health Information Exchange Initiative, Development Workbook: A Guide to Key Issues, Options and Strategies, funded by the U.S. Office of the National Coordinator for Health Information Technology (ONC) (September 1, 2006) (primary author)
  • The Indiana Chronic Disease Management Program, The Milbank Quarterly, 2006; 84: 135-63 (co-author)
  • The Indiana Network for Patient Care: A Case Study of a Successful Healthcare Data Sharing Agreement, ABA Health eSource, Volume 2 Number 1 (Sept 2005), re-printed in Healthcare Informatics Online (September 28, 2005) (co-author)
  • Using Licensing to Expand Business Opportunities, Indiana Continuing Legal Education Forum seminar entitled “Building Indiana Companies from the Ground Up: Legal Issues” (December 2003)
  • Protecting Your Company – Intellectual Property Aspects, National Association of Women Business Owners seminar (April 2003)
  • Business Development – Decision Making to Grow Your Business, National Association of Women Business Owners seminar (April 2003)
  • Acquisition of High Technology Companies, Acquisitions & Divestitures (May 1995), re-printed in Model Agreements for Corporate Counsel, The Lawyer’s Brief (October 1995)
  • Asia’s Five Tigers: Opportunities in Singapore, Korea, Taiwan, Hong Kong and the PRC, World Computer Law Congress (April 1991)
  • Civil Liability for Software Flaws, International Computer Law Adviser (September 1989)
  • Computer Viruses: What They Are, How To Protect Against Them, Software Protection (August 1989) (Special Edition)

(SEE CV FOR COMPREHENSIVE LIST OF PUBLICATIONS & PRESENTATIONS) 

Activities & Memberships

  • Member, Health Care Compliance Association (2015 – 2017)
  • Member, American Health Lawyers Association (2013-2015, 2019-2022)
  • Member, Health Information Management Systems Society (2008)
  • Member, Licensing Executives Society (1999-2000)
  • Member, American Intellectual Property Law Association (1998-2000)
  • Member, International Trademark Association (1991-2000)
  • Advisor to the Office of the National Coordinator for Health Information Technology (ONC) (2007-2009)
  • Principal Investigator, on behalf of the American Health Information Management Association, for two grants from ONC: State-Level RHIO Models and Best Practices and Financially Sustainable Health Information Exchange Projects (2006-2007)
  • Member, Board of Directors for the International Anti-Counterfeiting Coalition (1992-1993)
  • Invited to brief the State of Florida’s Health Information Exchange Coordinating Committee on statewide health information exchange activities (2009-2010)
  • Invited to brief the State of Florida’s Legal Work Group on topics such as health information exchange participation agreement, patient authorization forms, state health information exchange plans (2009 to 2010)
  • Invited to brief the State Alliance for eHealth on HISPC Interstate Disclosure and Patient Consent Requirements (February 24, 2009)
  • Invited to participate on expert panel at the Nationwide Health Information Network / Health Information Security and Privacy Collaborative joint meeting (May 2, 2008)
  • Chair, Consent Collaborative, Health Information Security & Privacy Collaborative (2008-2009)
  • Member, Florida Governor’s ePrescribing Advisory Panel (2008)
  • Invited to brief the Secretary of HHS and the American Health Information Community (AHIC) on Potential Expansion of HIPAA to Health Information Exchange Organizations (June 22, 2007)
  • Member, National Steering Committee, Health Information Security & Privacy Collaborative (2007-2009)
  • Invited to brief the National Committee on Vital and Health Statistics (NCVHS), Subcommittee on Privacy and Confidentiality, on an Overview of INPC Privacy Structure (April 17, 2007)
  • Principal Investigator, on behalf of Indiana State Department of Health, for a grant from the Agency for Healthcare Research and Quality (AHRQ) (2006-2007)
  • Invited to brief the State Alliance for eHealth on Sustainable Business Models for Health Information Exchange (March 30, 2007)
  • Invited to brief the State Alliance for eHealth on An Overview of Indiana Health Information Exchange Activities and Health Information Protection (January 26, 2007)
  • Invited to brief the Secretary of HHS and the American Health Information Community (AHIC) on Financially Sustainable Health Information Exchange Services (January 23, 2007)
  • Invited to participate as workshop faculty for Vanderbilt University, “Privacy and Confidentiality Workshop” (September 13-14, 2006)
  • Invited to participate as panelist for SecureIndiana Partnership conference, Legal Aspects and Issues Surrounding Security Breaches (September 2005)
  • Co-chair, subcommittee of Markle Foundation Connecting for Health (2005)
  • Led governance restructuring process for American Collegiate Licensing Association at the request of the association (1998)
  • Interviewed in news article on counterfeiting in World Trade magazine (April 1993)
  • Interviewed and featured in cover story of World Trade magazine in article on the protection of U.S. companies’ intellectual property (September 1991)

(SEE CV FOR COMPREHENSIVE LIST OF ACTIVITIES & MEMBERSHIPS)

Education & Admissions

  • J.D., Southern Methodist University School of Law, 1989
  • B.S., Indiana University School of Business, 1985
  • Admitted in California, 1990
  • Admitted in Indiana, 1994