BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Friday, May 31, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide counsel on healthcare contracting with vendors and suppliers. The panel will examine the key provisions to be included in these contracts and offer strategies for negotiating some of the crucial clauses that may be contentious between the vendor and facility.

Faculty

Jeffrey H. Frost
Partner
Jackson Walker LLP

Mr. Frost draws on more than 20 years of experience as in-house counsel to advise clients on healthcare regulatory matters, hospital operations, and medical staff issues. He serves as a trusted advisor to healthcare clients on legal and regulatory matters including complex commercial transactions, mergers and acquisitions, contract negotiations, employment issues, physician litigation, and access to electronic health records. Mr. Frost’s experience includes advising medical staffs, medical groups, and hospitals on a full range of credentialing, privileging, peer review, and quality assurance topics, as well as assisting hospital administration with governmental investigations, fraud and abuse claims, agency complaints and medical staff hearings. Prior to joining the firm, Mr. Frost served as Deputy General Counsel at an integrated health network with 24 acute care hospitals and more than 200 clinics across Northern California.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Vimala Devassy
Partner, Co-Chair Healthcare Technology Team
BakerHostetler

Ms. Devassy focuses her practice on transactions and regulatory matters for healthcare industry clients. She has a wealth of experience in structuring complex transactions among healthcare providers, negotiating a broad spectrum of industry relevant contracts and advising clients on day-to-day regulatory and compliance matters, including fraud and abuse laws and health information laws. Certified as a Health Care Information Security and Privacy Practitioner, as well as an Information Privacy Professional, Ms. Devassy has extensive experience managing issues related to confidentiality, privacy and security of health information, including compliance with the rubric of state and federal healthcare privacy laws, such as HIPAA, digital health laws, and the 21st Century Cures Act requirements, including the information blocking regulations. Her work includes helping clients understand how to align their privacy and information security programs in compliance with applicable laws, respond to potential breach and security incidents, permissibly utilize and share their health data, and navigate complex privacy and security laws as they consider innovative new technologies and business opportunities.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Hospitals and healthcare organizations have numerous contracts with vendors and suppliers, including some long-term contracts. Before entering into any vendor or supplier contract, healthcare counsel should carefully review and negotiate several key provisions to ensure the agreement meets the client's needs and protects the hospital or healthcare organization's interests.

Healthcare counsel should negotiate indemnification and limitation of liability language in the contract. Counsel should also consider including language to address the possibility of a change of control or assignment. Vendor or supplier contracts should also clearly describe the services to be performed and the associated requirements.

Another critical consideration is protected health information (PHI) and data use. Counsel should conduct due diligence on the vendor's cybersecurity and on the vendor's suppliers and partners who could have access to PHI. Healthcare counsel must ensure the privacy and security of PHI and agreements must be clear on data use rights.

Listen as our authoritative panel examines the key provisions--such as indemnification, limitation of liability, and change of control--in healthcare contracts with vendors and suppliers. The panel will offer strategies for negotiating some of the key provisions that may be contentious between the vendor and facility.

Outline

  1. Vendor due diligence
  2. Key provisions in healthcare contracts with vendors/suppliers
    • Indemnification
    • Limitation of liability
    • Scope of services
    • Payments
    • Contract term and termination for convenience
    • Assignment
    • Change of control
    • Performance requirements
    • Privacy and security (HIPAA, PHI)
  3. Best practices for negotiating critical provisions

Benefits

The panel will review these and other important topics:

  • What provisions should counsel include in hospital and healthcare organization contracts with vendors and suppliers?
  • What steps should counsel take during contract negotiations to avoid problems related to change in ownership of the vendor?
  • What can hospitals and healthcare organizations do during contract negotiations to minimize the privacy and security risks related to protecting health information?