Electronic Health Record License Agreements

Negotiating Scope of License, Warranties and Liability Disclaimers and Other Key Provisions

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


Conducted on Thursday, July 12, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide healthcare counsel with a roadmap for drafting and negotiating key provisions in electronic health record (EHR) license agreements. The panel will explain approaches for avoiding drafting pitfalls and resolving contract disputes.

Description

EHR systems can help providers improve quality of care, reimbursement, coordination and information management. The license agreement that accompanies the EHR system controls the relationship between the provider and the software vendor and requires careful attention.

Counsel to providers entering EHR license agreements must have a clear understanding of the scope of the license, warranties and liability disclaimers, support and maintenance services provided by the vendor, and other key provisions. Focusing solely on price can be a grave mistake.

By understanding the critical elements to include in license agreements—and the common pitfalls—counsel can prepare to effectively draft and negotiate the agreements in their clients' best interests.

Listen as our panel of attorneys experienced in negotiating EHR license agreements discusses best practices for drafting and negotiating the agreements. The panel will discuss specific clauses that should be included in contracts and best practices to avoid common negotiation pitfalls and resolve contract disputes.

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Outline

  1. Know what you are buying and why
    1. Vendor selection process
    2. Who are the users?
    3. Defining needed functionalities and interfaces
    4. Donations of EHR
  2. Key provisions in EHR license agreements
    1. Defining the product and price
    2. Warranties and liability disclaimers
    3. Allocation of risk
    4. Regulatory
    5. Data privacy and security
    6. Implementation, training and acceptance testing
    7. Service levels
    8. Support and maintenance
    9. Software updates and third party databases
  3. Strategies for streamlined negotiations and resolving contract disputes
    1. Request for Information/ Request for Proposal
    2. Contract governance

Benefits

The panel will review these and other key questions:

  • What are the key contract provisions that should be included in EHR license agreements?
  • How can counsel for providers entering EHR license agreements best mitigate risk when drafting and negotiating the contracts with vendors' counsel?
  • What strategies can be used to resolve commonly disputed issues in EHR license agreements?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Michael D. Beauvais
Michael D. Beauvais

Partner
Ropes & Gray

He has over 12 years of experience representing clients in the healthcare services and health information technology...  |  Read More

Lee Kim
Lee Kim

Registered Patent Atty and Atty-at-Law
Tucker Arensberg

She practices healthcare, health information technology ("HIT") law, and intellectual property law. For...  |  Read More

Michael T. Batt
Michael T. Batt

Atty
Hall Render Killian Heath & Lyman

His practice is devoted primarily to assisting health care providers with practical solutions to the rapidly expanding...  |  Read More

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