Electronic Health Record Technology Contracts After HITECH
Leveraging New "Meaningful Use" and EHR Technology Standards In Negotiating Provider-Vendor Agreements
Proposed rule on meaningful use and interim rule on technology standards issued Dec. 30
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- Overview
- HITECH incentives for adoption of EHR technology
- New meaningful use and EHR technology certification standards
- EHR software licensing models — pros and cons
- Traditional licensing model
- Software as a service model
- Negotiating the provider-vendor agreement
- Type of software contracted
- Representations and warranties
- Indemnification
- Liability
- 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
He is an acknowledged and well-known national authority on legal issues regarding information technology, e-commerce... | Read More
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.
CloseWilliam J. Gillespie
Vice President and Chief Technology Officer
WellSpan Health
He is responsible for the strategic and tactical efforts surrounding the selection, implementation and support of core... | Read More
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.
CloseVadim Schick
Post & Schell
He is a member of the firm’s Information Technology and Data Protection Groups, where he advises clients... | Read More
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.
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