Health Law Blog - Healthcare Legal Issues

Electronic Medical Record Licensing and Contracting for EHR

EHR Licensing and Contracting Comes Center Stage

As Meaningful Use Deadlines Approach

As the meaningful use deadline approaches, many providers are scrambling to implement electronic health records.  The agreements surrounding licensing, implementation, and support of EHR systems are some of the most important agreements that a health care provider will enter.  Unfortunately, many smaller providers put little effort into negotiating terms that help assure that the product functions like it is supposed to and that the implementation takes place in a timely and efficient manner.

             We routinely become involved in the negotiation of EHR agreements.  Some of the important issues that we address include:

  •  Creating an appropriate project milestone system to assure timely project flow.
  • Coordination between vendors in multi-application systems.
  • Requiring that functional specifications are well-defined.
  • Assuring compliance with HIPAA and state laws, particularly with respect to data conversion.
  • Negotiating warranties, including meaningful use warranties.
  • Protecting against “runaway” implementation and support costs.

             The agreements relative to EHR implementation can be very complex.  Each vendor has their own license form and it can be overwhelming to work through the issues to determine how to best protect the interest of the provider.  Our experience in these issues will be a valuable resource to any provider addressing EHR implementation issues.

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John H. Fisher

Health Care Counsel
Ruder Ware, L.L.S.C.
500 First Street, Suite 8000
P.O. Box 8050
Wausau, WI 54402-8050

Tel 715.845.4336
Fax 715.845.2718

Ruder Ware is a member of Meritas Law Firms Worldwide

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