This document discusses various topics related to corporations, contracts, and antitrust laws. It defines corporations and describes different types of corporate structures. It also outlines elements of contracts, common contract provisions, and defenses for nonperformance. Additionally, it provides an overview of major antitrust statutes and how antitrust laws apply specifically to healthcare organizations and activities.
With increased awareness of EHR and HIT-related problems, healthcare providers must understand how to protect themselves when entering into contracts for major EHR and HIT applications (American Medical Association 2013, Texas Medical Association 2011). The American Medical Informatics Association (AMIA) Board of Directors appointed a task force to provide recommendations ranging from stakeholder responsibilities and defect reporting to meaningful use standards and unintended consequences of HIT, in an effort to help resolve issues related to vendor–user contracts and subsequent interactions (Goodman et al. 2010). In addition, the Office of the National Coordinator for Health Information Technology (2013) published a guide, “EHR Contracts: Key Contract Terms for Users to Understand,” to assist providers in better understanding vendor contracts.