ONC Issues EHR Contract Guidance for Providers


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.

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

Written by:


King & Spalding on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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. Or, sign up using your email address.