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
This CLE course 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.
Outline
- Know what you are buying and why
- Vendor selection process
- Who are the users?
- Defining needed functionalities and interfaces
- Donations of EHR
- Key provisions in EHR license agreements
- Defining the product and price
- Warranties and liability disclaimers
- Allocation of risk
- Regulatory
- Data privacy and security
- Implementation, training and acceptance testing
- Service levels
- Support and maintenance
- Software updates and third party databases
- Strategies for streamlined negotiations and resolving contract disputes
- Request for Information/ Request for Proposal
- 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
Partner
Ropes & Gray
He has over 12 years of experience representing clients in the healthcare services and health information technology... | Read More
He has over 12 years of experience representing clients in the healthcare services and health information technology (HIT) industries. He has extensive experience negotiating large commercial agreements that arise in the healthcare field, including specific expertise in the area of licensing and implementing interoperable HIT and electronic health records (EHR) systems.
CloseLee 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
She practices healthcare, health information technology ("HIT") law, and intellectual property law. For clients with healthcare technology law needs, she assists in all areas, including electronic health record ("EHR") licensing, service contracts, contract negotiation, and HIPAA Privacy and Security Rule and HITECH Act compliance, audits, and training. She previously worked in the HIT field.
CloseMichael 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
His practice is devoted primarily to assisting health care providers with practical solutions to the rapidly expanding challenges associated with implementing, managing and interconnecting health information technology (HIT). He advises numerous health systems on the development and implementation of electronic health record (EHR) solutions, EHR subsidy programs and meaningful use compliance.
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