Recommendations for healthcare organizations when concluding contracts for the provision of services for the operation of medical information systems
On the conclusion of a contract for the maintenance of a medical information system
In connection with the incoming requests on the procedure for concluding a contract for the provision of services for the use of the applied software of medical information systems (hereinafter referred to as the contract), as well as for protecting the interests of healthcare organizations when concluding such contracts, the Ministry of Health of the Republic of Belarus sends the following recommendations for the implementation of these works.
The selection of the contractor must be made in accordance with the requirements of the Law of the Republic of Belarus dated July 13, 2012 No. 419-3 “On State Procurement of Goods (Work, Services)” (hereinafter - the Law). The contract during public procurement procedures referred to in Section 18 of the Law shall be concluded in accordance with the provisions of Section 24 of the Law.
The contractual obligations shall include the following obligations of the contractor:
- on the implementation of improvements without payment of the medical information system in the event of amendments to regulatory legal acts establishing and (or) introducing changes to the forms of medical documentation, the procedure for operating information systems in healthcare, incl. use of EDS, information security;
- upon notification of the customer about all facts of violation of information security and (or) information protection requirements;
- on the implementation without payment of a backup copy of the information contained in the medical information system, and the restoration of such information in case of damage or loss;
- a ban on attracting collaborators without agreement with the customer;
- a ban on copying and changing medical information (except in cases of backup) and (or) its transfer to third parties.
The contract provides:
- consolidation of the exclusive rights of the customer to information entered and stored in the medical information system;
- list of services provided, requirements for the quality of their provision and requirements for maintaining confidentiality;
- the procedure for acceptance and payment of services rendered by the contractor, while the amount of payment for the services provided is not subject to increase during the term of the contract;
- the right of any party to terminate the contract subject to the notification of the other party for 1 month and payment of the services actually provided.