The following is a guest post by William O’Toole, the founder of the O’Toole Law Group, PC, a practice specializing exclusively in healthcare information technology.
You may think the difficult work is done after you’ve selected an EMR system for your hospital or medical practice, but the decisions don’t end with product selection. An EMR contract is an important and legally binding document, and it’s absolutely essential to consider every line of fine print before accepting the terms.
Following are some of the top tier items to look for in your vendor’s proposed EHR contract, assuming that your implementation of an EMR is dependent on ARRA/HITECH reimbursement. Consider reviewing your contract with an EMR attorney before signing.
First, the vendor must warrant that the EMR software package has been certified under the ARRA/HITECH program. Next, the vendor must warrant that it will maintain certification of the EMR software package throughout the period in which you are eligible for reimbursement.
Remedy for Breach of Certification Warranties:
This may be tougher to obtain, but if you are fortunate to have selected a vendor that provides the warranties above, then the next step is to see what remedies are offered in the event the vendor does not follow through. Ideally, the remedy would be a full refund of all amounts paid to the vendor for the non-certified EMR. Next best would be for the vendor to pay [Read more…]