ONC Issues EHR Contract Guidance for Providers

more+
less-
more+
less-

On August 2, 2013, the Office of the National Coordinator for Health IT (ONC) issued a notice to the provider community with guidelines for drafting contractual agreements for electronic health record (EHR) products and services.  The guide contains examples of EHR contracts, highlighting particular contractual provisions that providers should bear in mind—indemnification, confidentiality, warranties, liability, dispute resolution procedures, and termination clauses.  In particular, ONC notes that many EHR vendors draft contracts that hold customers (i.e., providers) responsible for all injuries including HIPAA breaches and medical malpractice claims that are caused by the EHR, even if the injuries are the result of bugs or other technical flaws inherent in the EHR product.  ONC’s guide recommends using mutual indemnification clauses, whereby each party assumes liability only for acts that it causes.

The guide is available by clicking here.

Reporter, Christopher Kenny, Washington, D.C., + 1 202 626 9253, ckenny@kslaw.com.

Written by:

Published In:

EHR

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×