By Swain Thorne
Technology spending for hardware, software and talking to services makes up about a substantial part of most medical service providers budgets today, especially because the Obama Stimulus Plan and HITECH Act are incentivizing providers to apply electronic health records. Inside a perfect world, technology works perfectly, improves efficiency and the caliber of care and makes existence simpler for that provider. However, the real life isn’t perfect and things can, and do, fail with technology services and products once you purchase and/or license them from 3rd party vendors. Technology contracts generally are compiled by the vendors and consultants. Regrettably, many technology contracts miss giving providers sufficient protection and frequently contain hidden pitfalls and charges. Regardless of this fact, many providers never give these contracts to experienced health lawyers to assist them to negotiate better terms and protections for his or her high-tech investments Prior to signing. This can be a potentially pricey practice. Every doctor should be worried about a minimum of the next FOUR KEY ISSUES, which needs to be addressed in almost any technology contract:
Warranties and Limitations of Liability: Despite elaborate sales presentations, technology contracts typically disclaim most, if not completely, warranties and limit the liability of vendors to simply refunding any area of the purchase or license cost compensated for that technology. Such refunds are insufficient to safeguard the typical provider when problems arise. A technology vendor ought to be needed to provide an itemized warranty within the contract that it is product will work in compliance with documented standards as well as for an acceptable time period. At least, this time around period ought to be lengthy enough for that provider to judge we’ve got the technology in the operations. The answer would be to need a warranty for that helpful existence from the technology, or as lengthy as there’s an assistance and maintenance service agreement in position. A vendor also shouldn’t be permitted contractually to limit its liability on default simply to return from the purchase cost. If your provider suffers actual damages brought on by we’ve got the technology, the seller ought to be needed, on paper, to face behind its services and products and compensate such damages. An acceptable compromise would be to require vendor a minimum of to tender the boundaries of their insurance policy, which creates minimal additional risk towards the vendor while better protecting the company.
Payments & Performance: A service provider shouldn’t accept spend the money for full purchase cost in advance, out of the box frequently an agreement requirement, departing the seller with little incentive to accomplish its responsibilities. The parties should mutually agree ahead of time upon a task timetable with milestone targets for delivery and implementation from the technology. Payments ought to be produced in installments conditioned upon reaching the targets. Additionally, providers should build in testing legal rights, to be able to evaluate if the technologies are performing as guaranteed. The company should possess the final say in whether an evaluation supplies a effective outcome and if the final payment ought to be designed to the seller.
Support and Maintenance: A technology hardware purchase or software license is just just like the support and maintenance which goes together with it. The seller ought to be prepared to provide support not less than a precise helpful existence from the technology. Several questions ought to be clarified inside a written support agreement. Are updates or upgrades provided without additional charge? Will the seller perform on-site or off-site support and maintenance? Will the company pay a regular monthly fee along with an hourly charge or perhaps is there only per hour charge? Will the hourly charge differ based on when or what degree of support is required? Perform the charges increase within the term from the support agreement? What’s the vendor saying yes to aid? Will changes designed to we’ve got the technology through the provider instantly terminate the warranty or support obligations? Unless of course anything is particular regarding essential issues, a service provider might find itself having to pay at a lower price or different support and/or maintenance services than needed or expected.
Confidentiality: Confidentiality of patient health details are a vital issue. Federal HIPAA law has a number of security and privacy rules providers as well as their business associates are required to follow. Additionally, some states, including Florida, have enacted legislation that needs entities that conduct business within the condition and which maintain computerized data which contains private information to supply notice to the resident if there’s a breach of security. A technology contract should specify when the vendor will get access to the private patient information. A physician must require vendor and it is employees to keep the confidentiality of these information under federal and lots of condition laws and regulations. We’ve got the technology contract should also specifically safeguard the confidentiality of provider trade secrets along with other proprietary information that a vendor or consultant might have access.
