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Training—Training may be included or available for a fee. Frequently vendors have multiple training programsand courses including online training. ASP/SaaS solutions especially often have online training.Data and chart migration—Moving information to the new system can be hard and time consuming.Post-implementation support—Ongoing technical support provided by the vendor (telephone and online) to dealwith issues that occur.Maintenance—Fixes of application bugs. This often is included with a recurring fee and part of a separatemaintenance fee for licensed products.Enhancements—new functionality developed by the vendor is usually included with maintenance.Other products—Supporting modules, such as ePrescribe, may be included or may be sold as additionalproducts.Other services—such as ePrescribing fees or fees to use an HIE. These may be paid through the EHR vendor orto a third-party.In addition, the contract will include legal and business terms and conditions. This item covers items such as payment terms,length or term of the agreement, warranties, liability, and terms related to ownership of the software. ASP/SaaS agreements forsmaller practices or lower cost products are typically defined with limited changes or negotiation and might be a “click-through”license. For larger purchases, the terms can be very complex, so it is a best practice to have an experienced staff member orlawyer review and negotiate these terms.The end result is that a vendor has been chosen, a negotiated contract is in place, and everyone is ready for implementationand deployment. If things do not go well, or if terms cannot be reached, having a second choice vendor can be quite helpful.Module 5...28 of 302/19/2019, 7:14 PM
Important Considerations for Contract NegotiationsIt is often easier to get a vendor to offer upfront services either at a discount or for free because the vendor’s goal in thebeginning is to complete the sale and such investments can be recuperated in the long-term with recurring costs. This isespecially true for recurring fee contracts.Some vendor contracts give the vendor the right to raise prices annually or at other intervals of recurring fees or of software orservices maintenance fees. If the contract does not explicitly say by how much, the vendor could theoretically raise the price bya large amount. It is therefore not atypical for an organization to negotiate a cap on how much a vendor can raise prices. Thisitem also shows how important it is that an organization gets important terms in writing.A buyer can also negotiate prices related to future growth. If the buyer knows that they will be expanding by a certain numberof users (often called seats) or sites over a set number of years they can negotiate and even set the price of that future use.