Recently, as I was reviewing various clauses in an electronic health records (EHR) contract for a practice that had hired me to assist with the negotiations, I noticed a statement in the licensing clause that unfortunately is all too common:
[Vendor] may have nonexclusive rights to aggregated and deidentified patient data and may use or disclose such de-identified data for any purpose.
So, if I had let this go without modification, what would this mean to the practice? That the vendor would have the right to sell the data to a third party to be used for whatever purpose the third party wished. [Read Full Article…]