I was reviewing a physician's employment agreement and ran across a provision that "requires" the physician to participate in their Electronic Health Record Meaningful Use Program. I think the following provision should be in any physician's employment agreement:
Participation in Electronic Health Record Meaningful Use Program. Physician will take such steps as are reasonably requested in order for Lincoln to realize, to the greatest extent possible, the benefits of the electronic health record meaningful use program, created by the American Recovery and Reinvestment Act of 2009 (the “EHR Meaningful Use Program”), including, but not limited to, participating in the EHR Meaningful Use Program as an Eligible Professional (as defined in 42 CFR §495.100 or §495.302, as applicable), using certified electronic health record technology, and providing such truthful attestations of adoption, implementation, upgrading and meaningful use of such technology as requested or required by Lincoln or any federal or state authority. Physician reassigns to Clinic the right to receive any payments made in connection with Physician’s participation as an Eligible Professional in the EHR Meaningful Use Program. Physician acknowledges that such payments will not be considered Secondary Income to Physician, and Physician’s compensation will not be adjusted in any way on account of Lincoln’s receipt of any such payments, except as may be specifically provided in a separate written agreement between Clinic and Physician.