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Electronic Health Record Technology Contracts After HITECH

Leveraging New "Meaningful Use" and EHR Technology Standards In Negotiating Provider-Vendor Agreements

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Tuesday, March 23, 2010
Recorded event now available

This CLE webinar will examine the benefits and risks of common electronic health record (EHR) technology software licensing models. The panel will provide best practices for hospitals and providers to negotiate technology agreements that meet the new EHR technology certification and meaningful use standards.

Description

The Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) provides significant financial incentives for hospitals and providers to adopt electronic health record (EHR) technology.

Provider counsel can guide the negotiation of the EHR technology agreement with vendors before providers purchase software. Several factors must be negotiated, including the type of software being licensed, representations and warranties, indemnification, liability and remedies.

Healthcare providers and their counsel must fully understand the recently issued standards on meaningful use and technology certification when negotiating EHR agreements to ensure the technology infrastructure and software will qualify for Medicare and Medicaid payment incentives under HITECH.

Listen as our panel of healthcare attorneys and the chief technology officer of a healthcare organization explains the pros and cons of common EHR technology software licensing models. The panel will offer strategies for hospitals and providers to negotiate a technology agreement that meets the reimbursement requirements promulgated by the new EHR technology certification and meaningful use standards.

Outline

Overview
1. HITECH incentives for adoption of EHR technology
2. New meaningful use and EHR technology certification standards
EHR software licensing models — pros and cons
1. Traditional licensing model
2. Software as a service model
Negotiating the provider-vendor agreement
1. Type of software contracted
2. Representations and warranties
3. Indemnification
4. Liability
5. Remedies

Benefits

The panel will review these and other key questions:

What key legal and practical issues do hospitals and physicians face when adopting EHR technology?
How can healthcare providers qualify for the Medicare and Medicaid reimbursement incentives provided for EHR under HITECH?
What are the key contract provisions hospitals and vendors should carefully negotiate when entering EHR technology agreements?
How will the new meaningful use standards and EHR technology certification standards influence the negotiation of technology contracts?

Faculty

Steven J. Fox, Partner
Post & Schell, Washington, D.C.

He is an acknowledged and well-known national authority on legal issues regarding information technology, e-commerce and healthcare information technology. He is Chair of the firm’s Information Technology Group and Co-Chair of its Data Protection Group. He assists clients with legal issues and strategic counseling involving technology, e-commerce and healthcare information systems.

William J. Gillespie, Vice President and Chief Technology Officer
WellSpan Health, York, Pa.

He is responsible for the strategic and tactical efforts surrounding the selection, implementation and support of core technology to support the business and clinical systems at WellSpan. Prior to joining WellSpan, he was Director of Hospital Applications Development at Hospital Corporation of America.

Vadim Schick,
Post & Schell, Washington, D.C.

He is a member of the firm’s Information Technology and Data Protection Groups, where he advises clients regarding legal issues and strategic counseling involving technology, e-commerce and healthcare information systems. He has experience in preparation and negotiation of licensing, outsourcing (ITO/BPO/HRO), consulting, and marketing agreements, including electronic health record systems.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $74.50
Available 24 hours after the live event