What are important items to include in a vendor contract?
Factors to Consider in Contract Negotiations
To avoid costly mistakes, make sure to consider the following factors when negotiating your vendor contract.1,2 Contract negotiation is a critical component of the process of selecting an EHR system.
- Ensure that the final contract includes the vendor’s response to the request for proposal or request for information as well as any applicable warrantees (e.g., service level, product performance, and response time).
- Pay particular attention to ownership of data (especially for an application service provider system), requirements for additional training and support, fee-based upgrades, co-op purchasing, and options for purchasing hardware outright and negotiating only the price of the software.
- Clearly identify price and payment terms (preferably paid out in milestones, along with the right to withhold payments in the event of a vendor breach of contract.
- Identify required experience for vendor staff involved in product configuration, implementation, training, and/or ongoing support.
For best results, many practices seek legal assistance when negotiating vendor contracts.
Your Local Regional Extension Center Can Help
Your local Regional Extension Center (REC) can help you navigate the vendor landscape. RECs are located in every region of the country to help health care providers select, implement, and become adept and meaningful users of EHRs. Your local REC can help you objectively identify the vendor product that best meets your unique needs. Contact your local REC to find out if you are eligible for free or reduced-price local EHR selection support.
More Information
For more information, see the following resources.
- The Health Resources and Services Administration provides guidance on establishing vendor contracts and the key components of vendor contracts.
- Stratis Health provides a contract checklist
to help you negotiate a favorable contract with your vendor of choice. - “Negotiating the EHR Vendor Contract,” an article in the Bulletin of the American College of Surgeons provides detailed advice for contract negotiations.
References
- Hartley, Carolyn, and Jones, Edward D. “EHR Implementation: A Step by Step Guide for the Medical Practice.”
- Hartley, Carolyn. “Signing an EHR Contract? 25 Tips to Control Costs.”
Implementing EHRs – Selecting or Upgrading to a Certified EHR
Timing of the Vendor Selection Process
There are several different options for how you might select a vendor. Some practices go through the planning electronic health record (EHR)...
Timing & Basics
After you assess your electronic health record (EHR) needs, set EHR goals, make key decision about must-have EHR capabilities, and narrow the vendor field, you should draft a...
When selecting an electronic health record (EHR) system, pay special attention to the type of provider and market that each vendor typically serves, as well as the amount of support a vendor provides...
The Certified HIT Product List
The Certified HIT Product List (CHPL) provides the authoritative, comprehensive listing of complete electronic health records (EHRs) and EHR modules that have been...
The good news is that there are plenty of options. In fact, there are over 440 complete Certified EHR products for the ambulatory market. Consequently, the selection process can take time. The...
The Basics
A complex health care system requires diverse electronic health record (EHR) products. Interoperability refers to the architecture or standards that make it possible for diverse...
Key Factors to Consider
The following are several considerations for electronic health record (EHR) vendor comparison that Regional Extension Centers (RECs) have found useful. Consider these...
Certified electronic health records (EHRs) are EHRs that have been tested and certified under the Temporary Certification Program maintained by the Office of the National Coordinator for Health...
The Office of the National Coordinator for Health IT (ONC) authorized six organizations to perform complete electronic health record (EHR) and/or EHR module testing and certification. These six...
Timing of the Vendor Selection Process
There are several different options for how you might select a vendor. Some practices go through the planning electronic health record (EHR)...
Timing & Basics
After you assess your electronic health record (EHR) needs, set EHR goals, make key decision about must-have EHR capabilities, and narrow the vendor field, you should draft a...
When selecting an electronic health record (EHR) system, pay special attention to the type of provider and market that each vendor typically serves, as well as the amount of support a vendor provides...
The Certified HIT Product List
The Certified HIT Product List (CHPL) provides the authoritative, comprehensive listing of complete electronic health records (EHRs) and EHR modules that have been...
The good news is that there are plenty of options. In fact, there are over 440 complete Certified EHR products for the ambulatory market. Consequently, the selection process can take time. The...
The Basics
A complex health care system requires diverse electronic health record (EHR) products. Interoperability refers to the architecture or standards that make it possible for diverse...
Key Factors to Consider
The following are several considerations for electronic health record (EHR) vendor comparison that Regional Extension Centers (RECs) have found useful. Consider these...
Certified electronic health records (EHRs) are EHRs that have been tested and certified under the Temporary Certification Program maintained by the Office of the National Coordinator for Health...
The Office of the National Coordinator for Health IT (ONC) authorized six organizations to perform complete electronic health record (EHR) and/or EHR module testing and certification. These six...
