Recently, so-called "gag clauses" in electronic health record (EHR) vendor contracts have made the news. The impression, really the misimpression, left by a recent Politico article is that physicians are "barred" by EHR contract terms from complaining about their EHRs.
The attorneys I have spoken with, who have negotiated hundreds of EHR vendor contracts, have not seen true "gag clauses" that prevent "disparagement" of EHRs. The people bound by EHR contracts, including physicians, can complain about, indeed publicly disparage EHRs; they run into problems if they do so in ways that run afoul of the confidentiality and intellectual property terms in contracts.
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