What are the legal requirements for health care contracts?
Health care contracts are legally binding agreements between two or more parties that outline the rights, duties and responsibilities of each party related to the provision of health care services. In Washington, health care contracts must meet certain requirements under state law. First, health care contracts must be in writing. Unfortunately, oral agreements cannot be enforced in court. Additionally, contracts must include the following information: names of all parties, the services being provided and their costs, a termination clause, the terms for payment and any additional terms of the agreement. Second, health care contracts must conform to state and federal laws that apply. These laws include but are not limited to the Health Insurance Portability and Accountability Act (HIPAA), the unique medical devices safe use law, the patient’s bill of rights and the mental health parity law. All of these laws must be adhered to and included in the contract to make it valid. Finally, health care contracts must be signed. The signature should be made by both parties or their representatives and must be witnessed by someone other than a party to the contract. This is important because it provides evidence that the agreement was properly made and understood by both parties. In summary, for health care contracts to be legally binding in Washington, the contracts must be in writing, include the legally required information, and be signed by both parties. Adherence to all applicable laws and regulations is also required in order to make the contracts enforceable.
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