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Overview
This section provides guidance to understand the key contract terms involved in negotiating the vendor contract. It is critical to negotiate a vendor contract that takes into account the unique circumstances of your center and incorporates flexibility to meet your reporting needs. Guidance is offered related to indemnification, warranties and disclaimers, liability, dispute resolution, termination and migration, and access to and use of the EHR data.  
Purchasing EHR
2013 ONC EHR Contracts
Westat for ONC

2013 ONC EHR Contracts

Key Contract Terms: A Guide from the Office of the National Coordinator

Who is this for? Health care providers who plan to acquire electronic health record (EHR) systems should benefit from learning about the contract terms discussed in this document. When this document uses the term “you” it means purchasers and users of EHR systems who are or may become legally bound by EHR technology developer contracts.

Why should you read this? This document explains a few key EHR contract terms and what you need to know about them. Understanding these terms may help you select an appropriate EHR system and protect your practice or organization from business and patient safety risks that may arise when you rely upon EHRs for critical aspects of your operations. It should help you make sure that your EHR system does what you expect and that you have ways to manage issues as they arise. If you misunderstand these terms you may not be able to rely on your contract to help prevent disruptions to your practice.

What else do I need to know? This addresses a few key terms in EHR contracts. Moving from paper medical records to an EHR has broad implications for your practice, most of which this paper does not begin to address. Furthermore, this is not a complete description of standard contract terms or a HIPAA business associate agreement that will be required in most cases. It is not legal advice.1 It is always best practice to consult with an experienced attorney

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Acknowledgements

This resource collection was compiled by the HITEQ Center staff with guidance from HITEQ Advisory Committee members and collaborators of the HITEQ Center.

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