Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

October 14, 2016

Selecting and Negotiating Contracts with Electronic Health Record Vendors: ONC Publishes Useful Guidance

On September 26, 2016, the Office of the National Coordinator for Health Information Technology (ONC) published a 53-page guide to assist health care providers in selecting and negotiating the acquisition of an electronic health record (EHR) system.

Aptly-titled “EHR Contracts Untangled: Selecting Wisely, Negotiating Terms, and Understanding the Fine Print”, the guide is divided into two main sections. The first seven pages address topics related to pre-selection planning; the next 46 pages explore topics related to the negotiation of EHR contracts.

Although the ONC warns providers up front that the guide “should not be construed as legal advice and does not address all possible legal and other issues that may arise”, the guide does help to clarify several important concepts in EHR contracts. In addition, it includes sample contract language throughout to assist providers and health administrators in negotiating contract terms with EHR vendors. Among the contractual concepts addressed in the guide are those related to:

  • the sharing of responsibility related to EHR safety and security;
  • warranties related to EHR system performance;
  • EHR data rights;
  • integration of an EHR system with a provider’s existing system and other third-party products;
  • intellectual property rights;
  • allocating risk and liability;
  • dispute resolution; and
  • transition issues.

All in all, the guide contains 24 sample contract terms and is a must-read for any provider or health administrator that is considering acquiring, changing or re-negotiating its EHR system.

The full guide can be found here.

Featured Media

Alerts

Federal Judge Halts DOE's Crackdown on Diversity Programs

Alerts

Alternative Dispute Resolution: A Beginner's Guide to Arbitration, Mediation, and Settlement Conferences

Alerts

IRS Guidance Limits the Use of Five Percent Safe Harbor to Low-Output Solar Facilities

Alerts

New York Public Service Commission Denies New York Power Authority Petition to Designate Clean Path Transmission Project a Priority Transmission Project

Alerts

NYS Legislature Seeks to Restrict Time Period for Third-Party Actions

Alerts

United States Department of Justice Issues Antidiscrimination Guidance to Federal Funding Recipients