MD EXPO LAS VEGAS, NV OCTOBER 05, 2012
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1 NEGOTIATING IMAGING SERVICE CONTRACTS MD EXPO LAS VEGAS, NV OCTOBER 05, 2012 Myron D. Hartman MS, SASHE, CCE, CBET, CRES Program Coordinator Biomedical Engineering Technology Penn State University
2 Negotiating Imaging Service Contracts Friday, October 5, 8am 9:15am Myron Hartman, MS, SASHE, CCE, CBET, CRES Program Coordinator, Penn State University Ensuring that medical equipment service contracts provide high quality maintenance at affordable and manageable costs is imperative in today s cost sensitive environment. This session will discuss major items of concern when negotiating imaging service contracts specifi cally and the tactics used when negotiating.
3 Ensuring that medical equipment service contracts provide high-quality maintenance at affordable and manageable costs is imperative in today s cost sensitive environment. This session will discuss major items of concern when negotiating service contract and the tactics used when negotiating.
4 Topics of Discussion I. Preparation II. Information Exchange III. Types of Agreements
5 Negotiation is an interactive communication process that takes place whenever we want something from someone else or another person wants something from us
6 Negotiation for medical equipment service agreements involve many parties that must communicate: Supplier of service Biomedical management/technician Clinical department Materials management Risk management Finance/Budget Administration
7 So what are the steps (from a biomedical management perspective) in negotiating a service agreement that creates a Win-Win solution for both organizations?
8 When you are negotiating, it commonly follows a four-step sequence: 1. Preparation II. Information exchange III. Negotiating IV. Commitment
9 I. Preparation 1. Information - Learn as much as you can about the: Supplier Agreement Equipment Expectations of your organization What information do you: Have Are in need of
10 I. Preparation 2. What are the top issues related to this agreement: Cost Scope of services (labor, PM, parts ) Response time for service Down time of equipment
11 I. Preparation 3. Goals and Expectations: Define in writing, what your organization expects as a final outcome of services to be provided. This will become the specifications or expectations of the service agreement. Recommend using a Request for Proposal (RFP) in some cases, especially new capital equipment purchases.
12 I. Preparation 4. Make sure all of the individuals for your organization have a clear understanding of what the steps, roles, and process will be to negotiate with the suppliers. Many times these actions will be defined by policy.
13 II. Information Exchange 1. Logistics How and when do you initiate the process: Is this a first time agreement after warranty Is this an annual renewal agreement Did the supplier initiate or did you make a request for the service agreement Do I have a time limitation to have the agreement in place
14 II. Information Exchange 2. Opening offers: What is the best offer you can justify? Should you make it, or wait to let another party go first?
15 II. Information Exchange 3. Subsequent offers: How should you adjust your negotiating plan when responding to unanticipated moves by your opponent?
16 III. Types of Agreements Full Coverage Parts, Labor, PM s, 24X7 Limited Contracts - Parts, Labor, & PM s, specific days and time coverage PM Inspections Parts Only Parts Consignment
17 III. Types of Agreements Depot/Replacement Equipment exchange Technical Phone Assistance Time & Materials Pre-agreed charges for labor and parts Labor Only Specific days and time coverage
18 III. Types of Agreements Insurance Agreement OEM/ISO/In-house labor reimbursement for insurance contracts spare/loaner equipment rental for insurance contracts limit of service liability for each device for insurance contracts method of payment to service provider for insurance contracts access to expensive parts for insurance contracts access to database of labor and parts costs for insurance contracts administrative paperwork flow for insurance contracts management of insurance contract (possible) for insurance contracts
19 III. Types of Agreements Detail of responsibilities for both parties for all agreements preventive maintenance first line service requests corrective service requests tube replacements training & in-services technical assistance
20 Multiple devices per one agreement Discounts Efficiency Addition/removal of items Group Purchasing Organization (GPO) discounts National discounts Parent organization agreements
21 Cancellation terms Notice (time & writing) required Billing/credits issued for unused months Penalties Auto-renewal clauses Notice (time & writing) required not to renew Remove if possible
22 Multiple year contract Discounts escape clauses Add/remove equipment Length of agreement Months Year Multiple years
23 Escalation cost caps for future contracts The state for legal terms and conditions In the event of litigation, this will define which state the suit must be filed and which laws will prevail HIPAA Compliance Statements of compliance Subrogation conditions for fines/penalty if violated
24 Cancelation notice Time - 30 day Written address Workers compensation insurance Minimum levels required by Risk Management Prof of insurance or compliance
25 General liability insurance Minimum levels required by Risk Management Prof of insurance or compliance Labor Rate Charges Normal hour Over time Weekend/holiday Travel Phone support 2 Persons required on job
26 Shipping Expenses for Parts Supplier or Buyer or Shared Prepay (determined in advance) Billed (estimated and billed at actual rates) Use of buyer shipping accounts (UPS, FedEx, ) Handling/Processing Fees Overnight Quick pick Handling fee
27 Parts Discount Percentage Multiple items (bulk) Payment Terms Fixed schedule Discount for lump sum or early payments Late fee amounts Time: Net ??
28 Free or Freight on Board (FOB) Terms The point of ownership/responsibility transfer from the supplier to the buyer Considerations for damaged/lost/stolen goods Ideal installation point Acceptable receiving dock Not acceptable ship point
29 Contact Information Management & Technical Personnel Phone Numbers (office, cell, answering service, pagers) Vendor Registration/Credentialing Required and if so by who Individuals existing/new/deletions Costs Renewal cycle
30 Preventive Maintenance Inspections How many provided PM checklist (all tests, limits/accuracies & intervals) How/when/length will they be scheduled Scheduling daylight/off shifts Documentation provided - types Contingency for PMs not completed
31 OSHA and regulatory requirements compliance Awareness of requirements Subrogation conditions for fines/penalty if violated Exclusions of contract Parts, labor, shipping, days/times,. Exclusion costs
32 Response times & guarantees (on-site) How measured Frequency for analysis Uptime guarantees (system operating) How measured Frequency for analysis Partial system operation
33 Training and in-services for users Included for new hires or refresher training sessions Analysis of agreement costs (quarterly/annual) Is there a process to review the agreement What types of reports are available for review
34 Technician credentials Provided in advance or as requested Meet accreditation requirements Upgrades and enhancement discounts Recurring problem resolution steps
35 End of contract equipment evaluation Last month evaluation of equipment/system Issues not resolved by end of agreement will extend agreement at no charge till issues are corrected
36 Documentation for all maintenance Paper or electronic Time to receive documents Escalation cost caps for future contracts Can be negotiated at time of agreement or capital purchase
37 Spare/loaner equipment Costs Shipping Time/Delivery Acceptance Checks Software Maintenance/Support
38 Days of Coverage and exclusions
39 Parts
40 PMs
41 Software Maintenance
42 Software Maintenance
43 Agreement Term
44 Exclusions
45 Exclusions
46 Exclusions
47 Exclusions
48 Exclusions
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