EHR Countdown: Beware the fine print

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.


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