3 Vendor Selection Code of Conduct

Section 3.1 Select

Section 3 Plan—Vendor Selection Code of Conduct - 1

Vendor Selection Code of Conduct

In the process of selecting a vendor for an electronic health record (EHR), health information exchange (HIE), or other health information technology (HIT) local public health (LPH) departments need to be as unbiased as possible, assuring that the selection process does not give unfair advantage to any one vendor. Review your own code of conduct or adopt a code of conduct such as the one in this tool.

Time needed: 2 hours
Suggested other tools: NA

How to Use

1.Prior to the facility initiating any contact with vendors, including Web-based demonstrations, all members of the HIT steering committee, executive management, and others who may be involved in the selection process should review and approve a code of conduct.

2.Ensure that your Communication Plan (see 2.2 Communication Plan) describes how information about the code of conduct will be communicated throughout the organization, and by whom. Many organizations post the code in a room where the steering committee meets and where the vendor provides product demonstrations.

3.Invoke the code of conduct any time during the selection process when a need arises. This may include reminding staff not to discuss the selection process with any vendor (including peripheral vendors, such as copy service vendors, who may ultimately find their business impacted by your move to HIT), advising a member of the board of directors that a favorite vendor does not meet selection criteria, or advising both the steering committee and the vendor that gifts are inappropriate.

Sample HIT Code of Conduct

This department adheres to the following principles with respect to HIT selection:

HIT Selection Process. This is a serious process, representing a large and risky investment. The process commences at the point when a Web-based demonstration is viewed, vendors are contacted to obtain information, or a vendor is sent a request for proposal (RFP). No person, including selection committee members, may reveal the names or other information about vendors under consideration at any time (including candidates not selected following contract approval) to anyone outside the organization except a contractor providing vendor selection assistance.
Communications. We have a single point of contact/spokesperson to communicate with vendors during and after the formal vendor selection process. This ensures consistency of communication as well as a fair and equal review process.
Selection Criteria. The selection committee will establish specific criteria, exclusive of cost, to be used in prioritizing vendors for further due diligence. A cost/benefit analysis, return on investment estimate, and/or pro forma financial statements will be prepared by a designated individual upon conclusion of due diligence and used in the final phase of vendor selection.
Acceptance of Vendor Gifts. No member of the organization will accept any gift—including but not limited to meals and transportation—from a vendor during the selection process, unless the gift is valued at less than $25 and is provided in a public setting to others as well (such as a giveaway or reception at a trade show). Note: LPH departments can adjust this statement as needed for compliance with state standards for public sector employees.
Equal Treatment. All vendors under consideration at each point in the process will be afforded equal treatment. Information supplied to any single vendor will be supplied to all vendors under consideration. Any extension of time allotted one vendor to respond to the RFP will be granted to all others. As the field of vendors under consideration continues to be narrowed, due diligence will be performed equally.
Confidentiality. In addition to maintaining the confidentiality of vendors under consideration, information concerning site visits and reference checks also will be held confidential. Information supplied by the vendor that is marked or stated to be “confidential” also will be held confidential.
Conflict of Interest. Any individual who may have influence over the selection of an HIT vendor for the organization—such as a member of the board of directors or steering committee—who has a conflict of interest (i.e., owns stock in a vendor, has friends in leadership positions with a vendor, or has another relationship that may introduce bias into the selection process) should make that conflict known. Depending on the nature of the conflict, the individual should refrain from the vendor selection process.
Sanctions. Organizational sanctions will be applied for ethical misconduct under the terms of this policy.

Note: In June 2013, the Healthcare Information and Management Systems Society (HIMSS) Electronic Health Record Association, comprising 40 companies that supply the vast majority of EHRs to physicians’ practices and hospitals across the country, issued an “EHR Developer Code of Conduct.” It is available at: This Code is an important step in the maturation of the industry, but does not preclude a health care organization from having its own Code of Conduct.

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