Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks
Acquiring an EHR and Meeting Incentive Program Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide healthcare counsel with a review of the complex legal issues involved in negotiating and entering into agreements with third-party vendors for electronic health records (EHR) management. The panel will provide their insights into critical EHR contract provisions regarding service issues to maintain and protect patient records and meet key regulatory requirements.
Outline
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Initial considerations
- Why is the system being acquired (complete or module CEHRT)?
- What is the operational and capital investment for implementation?
- What providers will rely on the CEHRT for delivery of clinical care?
- What is the hosting model?
- What integration will be required with other providers (ACO, HIE, rural network)?
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Vendor agreements
- Definition of functionality and acceptance testing
- Regulatory compliance
- Transition and continuity plan
- Management of vendor to contractual obligations
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Provider agreements
- Compliance with regulatory obligations, including Stark, AKS and ACO waivers
- Data ownership privacy and security
- Hospital and participating medical staff governance of shared IT environment
- Patient portal considerations
Benefits
The panel will review these and other key questions:
- What are the potential legal risks involved in structuring an EHR agreement with a third-party vendor?
- What are best practices for counsel in drafting and negotiating EHR agreement provisions to address the providers’ service needs and to ensure compliance with critical regulatory requirements?
- What are the potential meaningful use and business associate contracting issues that arise with EHR agreements between providers and third-party vendors?
Faculty
Michael Batt
Shareholder
Hall Render Killian Heath & Lyman
Mr. Batt assists healthcare providers with practical solutions to the rapidly expanding challenges associated with... | Read More
Mr. Batt assists healthcare providers with practical solutions to the rapidly expanding challenges associated with implementing, managing and interconnecting health information technology (HIT). He advises health systems on the development and implementation of electronic health record (EHR) solutions, EHR subsidy programs, meaningful use compliance, remote hosting and outsourcing arrangements, development of procurement programs and contracting guidelines and licensing of various technologies. He also advises clients on physician/hospital transactions and provides general regulatory guidance.
CloseAmmon R. Fillmore
Hall Render Killian Heath & Lyman
Mr. Fillmore focuses his practice on advising hospitals, health system and physician organizations on corporate and... | Read More
Mr. Fillmore focuses his practice on advising hospitals, health system and physician organizations on corporate and health law related matters including regulatory and compliance, contracting and information systems.
ClosePam Titus, MBA
Senior Account Manager
Spectrum Health
Ms. Titus has worked at Spectrum Health, a not-for-profit health system, based in West Michigan, since 1986. For the... | Read More
Ms. Titus has worked at Spectrum Health, a not-for-profit health system, based in West Michigan, since 1986. For the past 15 years she has worked in technology related roles and is currently the Senior Account Manager over the organization’s EHR subsidization program.
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