Printer-friendly format

In today's medical practices be they large or small, it is absolutely critical for physicians and their staffs to discuss business issues, future strategy, and which vendors they can rely upon to meet their needs. This is especially true when dealing with EMR/ ePrescribe vendors, outsourced IT providers, and off-site data backup companies. Physicians need to take the time to patiently sit down and listen to their staff while working through any contractual agreement(s) which could ultimately have an impact on the entire organization. Keep in mind it's not just the bottom line at stake, but patient care and patient information are at risk as well.

First, read the contracts carefully before signing. Many vendors describe the benefits of their systems/services; rarely do they ever take the time to review the contract with you. Remember their interest is not the same as yours. The majority of vendor agreements are heavily weighted toward the vendor and provide little or no recourse for the physician. You don't have to sign on the dotted line just because the vendor insists.

Second, do not be afraid to push back or negotiate items either not mentioned in the contract or that would be onerous and expensive for the practice. When reading contracts, assume the worst scenario can happen. Are all the gaps filled?

Look at alternative providers to determine who has the best services with the best terms and conditions. Confidentiality, integrity, availability, and mobility of patient data are critical areas you need to review thoroughly. This means you must take the time and not be in a hurry to make a decision, which could be a very poor one in the end.

Finally, when contract provisions are not clear or if important considerations are left out of the contract, have a third party review them to help you determine where you are at risk or to uncover future ramifications.

Below is a series of critical questions you should ask when dealing with contracts of any kind related to EMR/ePrescribe vendors, outsourced IT providers, and off-site data backup companies.

• Can I terminate the agreement, and if so what terms must be met to void the contract?
• Will the vendor allow me to move my data (patient data, business data, etc.) to another vendor when the contract is terminated, or does the vendor retain my data?
• In the event my practice merges with another one that has an EMR in place, am I allowed to take my data to the newly formed group?
• What service level guarantees does the vendor offer? Database uptime, performance guarantees, mean time to repair, technical support response times, third-party obligations, data integrity, etc.
• Does the disclaimer of warranties only protect the vendor, and if so what is the risk to my practice?
• What are the limitations of liability, and will these limitations put my practice at risk in the event a patient suffers injury due to vendor negligence, incorrect data-set input, or other unforeseen errors? These are known as "hold harmless" clauses.
• Does the vendor offer redundant data centers whereby I can redirect or access my data/patient data requests to/from an alternate site if the primary site was "dark" or unable to be accessed?

It is in your best interest to scrutinize every word in the contract. Seek the advice of an attorney as well as someone tied to the technology industry to determine what language is acceptable, what needs clarification, and what changes need to be made to further protect your practice. It is your ultimate decision, but take the necessary steps to protect your patients, your business, and your staff. Take the initiative, take the time, communicate well, do the research, and make an informed decision.


Britton White is the owner of Technology Processes, a Memphis based, independent IT & Telecom consulting firm dedicated specializing in physician practices.

Tags:

None

Login and voice your opinion!