Negotiating with Health Care IT Vendors
- March 16, 2016
- Wade Kerrigan , Husch Blackwell LLP , Kansas City, MO
The advance of technology provides unique opportunities and challenges for health care entities. As each health care entity manages its business, it enters into various types of agreements to support the provision of care, including: software license; maintenance and support; consulting services; software and application development; hardware; remote server cloud services; hosting; and a myriad of related amendments, statements of work, work orders, and settlement agreements. Each of these agreements presents different challenges, but this Member Briefing focuses on the issues that are the most common for these transactions, including: the scope and restrictions of the license; implementation considerations and acceptance testing; warranties; regulatory compliance; disaster recovery; indemnification; limitation of liability; insurance; and maintenance and support. While analyzing both sides of the vendor/licensee relationship on many issues, this Member Briefing primarily approaches these issues from the perspective of a customer of a software and hardware vendor in the health care industry.
We would like to thank the authors for sharing their expertise with their colleagues. We also would like to thank the Physician In-House Counsel Affinity Group leadership for sharing this Member Briefing with the Academic Medical Centers and Teaching Hospitals; Business Law and Governance; Health Care Liability and Litigation; Health Information and Technology; Hospitals and Health Systems; Payers, Plans, and Managed Care; Post-Acute and Long Term Services; and Regulation, Accreditation, and Payment Practice Groups; and the Behavioral Health Task Force.