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

Conducted on Tuesday, March 23, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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.


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.



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


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?


Fox, Steven
Steven J. Fox

Post & Schell

He is an acknowledged and well-known national authority on legal issues regarding information technology, e-commerce...  |  Read More

William J. Gillespie
William 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

Vadim Schick
Vadim Schick

Post & Schell

He is a member of the firm’s Information Technology and Data Protection Groups, where he advises clients...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio