William O’TooleO’Toole Law Group
wfo@otoolelawgroup.com
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Selection and Negotiation of EHR Contracts
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The HITECH Act of the American Recovery and Reinvestment Act of 2009 is driving new technology acquisitions unlike anything seen in the healthcare information technology (HIT) sector since Y2K. Specific terms and warranties in Electronic Health Record (EHR) agreements are absolutely essential for the protection of provider customers.
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Certification clearly is at the top of the list. Providers seeking reimbursement under ARRA/HITECH must select a certified EHR product. This is the absolute perfect example of a “deal breaker” issue. No certification, no sale, it is that simple. Vendors that reap the benefits based on certification representation must be willing to also step up and fill the financial void for the provider for lost reimbursement occasioned through no fault of the provider. If the provider cannot get to Meaningful Use because the selected EHR product loses certification or is never certified despite warranties by the vendor, then the vendor absolutely must step up and make the provider whole.
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The delivery date and implementation timeframe for a certified EHR product must result in the EHR in use in a live environment in time to enable the provider customer to achieve Meaningful Use within the mandated time period. However, as a general statement, the less time required or recommended by vendors for implementation means less input by the provider, which in turn could mean less opportunity to define or adapt the system for use in the provider’s operation. What you should look for in all situations is a guaranteed timeline that, if all is accomplished on time by both vendor and customer, will allow for live use by a certain date.
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Just as important as the selection of the EHR application, so too is the training the provider customer must receive in the use of that EHR product. A tool in any situation or setting will not be used, or used correctly, if the user is not properly trained and consequently comfortable with the use of that tool.
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Ongoing support for a licensed EHR product is critical. In broad terms, support has two major components, first the essential “problem fixing” support whereby day-to-day issues with the software application are resolved and second the equally important long term development and enhancement of the software application.
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Understand your organization’s needs and capabilities as best you can before the selection process, because there are huge factors in vendor and implementation process selection. The terms and conditions of the agreement under which you must operate for many years are incredibly important and absolutely must be considered in the selection process.
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Want to learn more about this process? Eligible Professionals and Eligible Hospitals under the HITECH Act can download Selection and Negotiation of EHR Contracts. Written by the O’Toole Law Group, this exclusive white paper will further your understanding of your organization’s needs and capabilities before the EHR selection process. You will also qualify for a free subscription to HITECH Answers premium content. Offer ends 12/31/10. Click here to qualify.
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About O’Toole Law Group
William O’Toole is a contributing expert for HITECH Answers and founder of the O’Toole Law Group, specializing exclusively in healthcare information technology, following his long tenure as Corporate Counsel at Medical Information Technology (MEDITECH). Known and respected by executives, attorneys and consultants throughout the healthcare industry, O’Toole now represents healthcare provider entities and technology companies in all aspects of technology acquisition, development and distribution. O’Toole’s primary focus is representing the client or provider side of the industry. Absent any conflict, he also represents technology vendors in structuring or negotiating their agreements and assisting in complex production and distribution matters. Contact him at: wfo@otoolelawgroup.com