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Exposure from prescribing electronically software?

  September 16, 2015

Question:

Jennifer,

I practice in NY and I am preparing my practice for the electronic prescribing mandate coming soon. Just so I am aware, what happens if there is a problem with my electronic software? Am I responsible?

Thanks,

Dr. S


Answer:

Great question, thank you for asking. The answer is - it depends. Depends on the problem and depends on your contracts in place with the software provider. If the problem is, say a HIPAA unauthorized disclosure - a patient's prescription is sent to a non-authirized receiver - if a proper business associate agreement is not in place, then yes, you may be responsible.

Your exposure for liability caused by a software provider is entirely dependent upon your contractual arrangement with the software provider, so do not make common mistakes, the first being not reading your proposed contract and the second thinking the contract is not negotiable.  Both mistakes could land you in hot water and holding the bag for someone else's mistakes.  

Happy to review your agreement for more specific advice.  
 
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