Blog

The Cost of Free EHR – Your Risk and Liability or Theirs (part 2)

“If you reveal your secrets to the wind you should not blame the wind for revealing them to the trees” – Kahlil Gibran

In part 1 of our Blog series on The Cost of Free EHR we examined the use of your data by “free” EHR vendors.  If you agree to the EHR vendor’s use of your data in exchange for a “free” system, what is their liability for errors and/or disclosure?  What are your responsibilities?

Again, to find out you need read (yeah, really read!) the user agreement for one of the “free” EHRs.  You are likely to find contract terms such as:


“You will not place in the System any information that the you know or have reason to believe is false or materially inaccurate.”   - i.e., you cannot put test patients in the system because it will mess up the data they are selling.

“We and our suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the system for any purpose.”

“We have no liability for the consequences to you or your patients of your use of the system or the services.”

“You agree to indemnify, defend, and hold harmless us and other users, and our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of the use of the system by you or your workforce.”

“We are not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means.”

In other words, because the company is providing the EHR for “free” they take no responsibility and you take all responsibility, including covering them for the use of the system by you and your staff.

C Huddle, VP Market Development

 

Add your comment

Your name:
Your email:
Subject:
Comment:
  The word for verification. Lowercase letters only with no spaces.
Word verification:
yvComment v.1.21.0