Legal stuff
Always ask the vendor rep about your legal rights. You (or one of your teammates) have made sure that you’re hooking up with a reputable vendor that will do right by you if things go south. This conversation, however, should focus on your legal rights in terms of data storage and usage and what happens if your system experiences a catastrophic failure. Ask your vendor:
Are there provisions in the contract about proprietary information? What are they?
For claims and personal health information, how is “ownership” defined?
Who determines the parameters of data access and termination procedures?
What are your procedures for data recovery?
What is the coverage for system failure because of software glitches; user error; or an unforeseen event, such as a fire or an electrical failure?
What do your liability provisions cover? What do you expect our insurance to cover? Will you agree to cover loss above and beyond the software?
What happens if you go out of business? Can you agree to provide us with any legal recourse if patient data needs to be migrated to another system or re-entered by our team?
What kind of indemnity can you offer to cover our practice if a software-based coding malfunction causes Medicare or Medicaid to investigate us?
How do you handle a breach of confidentiality?
Does your insurance company have a liability cap for third parties?
How do you structure your indemnification process to determine who has responsibility for any future legal action or fines? ...
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