In the ONC Cures Act Final Rule, Maintenance of Certification requirements were adopted for health IT developers of certified health IT in § 170.403(b). Section 170.403(b)(2) states that a health IT developer must not impose or enforce any contractual requirement that contravenes the requirements of paragraph (a) of § 170.403, the Communications Condition of Certification. Furthermore, if a health IT developer has contracts or agreements in existence that contravene the requirements of the Condition of Certification, the developer must notify all affected customers, other persons, or entities that the prohibition or restriction within the contract or agreement will not be enforced by the health IT developer (§ 170.403(b)(1)).
As per the Cures Act Final Rule requirements outlined in § 170.403(b), we are issuing this annual written notice to all MicroMD EMR clients that outlines our assurances that, as a certified health IT developer, we will not impose or enforce any contractual requirements that contravene the requirements of the Communications Condition of Certification. While existing contractual requirements signed prior to the Cures Act requirements may contain wording that contravenes the requirements of the Communications Condition of Certification, we are notifying all MicroMD EMR customers, other persons, and entities that any prohibitions or restrictions within existing contracts/agreements will not be enforced by Henry Schein Medical Systems, Inc. Additionally, the Cures Act states that health IT developers of certified health IT with such contracts/agreements must provide notice to all customers beginning in 2021 and annually thereafter so long as those contracts or agreements remain in place.
We will continue to issue this required annual notice until we’ve updated our contracts/agreements to remove wording that may contravene the requirements of the Communications Condition of Certification.
For detailed guidance on the Communications Condition and Maintenance of Certification requirements, click here.
To review our current contractual agreement language, please review the links below.
Henry Schein Medical Systems MicroMD End User License Agreement
Henry Schein Medical Systems MicroMD Software Maintenance Agreement
