I’ll admit upfront that I am not a lawyer and I don’t play one on TV, but I want to start a discussion on the gag clauses that are included in many hospital EHR contracts. Hopefully some lawyers will chime in with their comments as well about points I might be missing.
With that small disclaimer, we need to get rid of the gag clauses in EHR contracts. What are hospital EHR vendors so afraid of happening? Do they have something to hide?
I’m sure there are certain cases where a gag clause makes sense, but it sure gives the impression that there’s something to hide. Sure, none of us want our dirty laundry pandered through the media, but I also think it’s important to make sure that vendors are held accountable for what they do. Gag clauses to me get in the way of that goal.
I’m sure the problem is that there are millions of dollars at play and when that amount of money is in play all sorts of crazy things happen.
What are your thoughts on EHR gag clauses?