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Healthcare Technical Services Exhibit

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HEALTHCARE TECHNICAL SERVICES EXHIBIT

Parties and Effective Date

This Exhibit is entered into by and between Healthcare Entity Name: and Service Provider Name: (each a "Party" and together the "Parties"). The services described herein are effective as of , (the "Effective Date").

Recitals

WHEREAS, Healthcare Entity requires technical services for systems that store, process or transmit protected health information (PHI); and WHEREAS, Service Provider represents that it has the experience, qualifications and security controls necessary to provide such services in compliance with applicable law and the terms of this Exhibit.

Definitions

Capitalized terms used in this Exhibit have the meanings set forth in the underlying agreement. For the purposes of this Exhibit, "PHI" means individually identifiable health information as defined under applicable law.

Scope of Technical Services

Service Levels and Support

Service Provider shall provide remote support, monitoring and maintenance in accordance with the service levels set forth below. Response times are measured from initial notification to Service Provider.

Remote support    Onsite support (if applicable)

Critical (system down):    High:    Routine:

PHI, Security and Compliance

Service Provider will access, create, receive, maintain, or transmit PHI only as necessary to perform the Services. Service Provider shall implement and maintain administrative, physical and technical safeguards appropriate to the size and complexity of the activities and the sensitivity of the PHI, including encryption of PHI at rest and in transit when required by Healthcare Entity.

Yes    No

Fees, Billing and Payment

Term, Termination and Transition

Term: Services commence on the Effective Date and shall continue for a period of unless earlier terminated in accordance with this Exhibit or the underlying agreement.

Confidentiality and Intellectual Property

Each Party shall maintain the confidentiality of the other Party's Confidential Information. All software, tools, and intellectual property owned or developed by Service Provider prior to or outside the performance of this Exhibit shall remain Service Provider's property. Work product specifically commissioned under this Exhibit and paid for in full shall be treated as provided in the underlying agreement.

Insurance, Indemnity and Liability

Service Provider shall maintain insurance reasonably necessary for the Services, including professional liability and cyber liability. Service Provider shall indemnify Healthcare Entity for claims resulting from Service Provider's negligent acts, willful misconduct, or breach of security obligations involving PHI, subject to limitations agreed in the underlying agreement.

Audit Rights and Records

Healthcare Entity or its designee shall have the right to audit Service Provider's compliance with the terms of this Exhibit and applicable law with reasonable prior notice and during normal business hours. Service Provider shall retain records relating to performance of the Services for a period of no less than three years or as required by law.

Change Orders

Notices and Contacts

Patient Data Sample (If applicable)

The following sample fields describe the patient data elements that Service Provider will encounter. Populate only if PHI access is required.

Representations and Warranties

Service Provider represents that it has the authority and capability to perform the Services in accordance with applicable law, including all laws governing privacy and security of PHI. Service Provider warrants that personnel performing Services will have received appropriate training and background checks commensurate with access to PHI.

Miscellaneous

This Exhibit is incorporated into and governed by the terms of the underlying agreement between the Parties. To the extent of any conflict between this Exhibit and the underlying agreement, the underlying agreement governs except where this Exhibit expressly provides otherwise for PHI handling and security obligations.

Healthcare Entity:

By:

Date:

Service Provider:

By:

Date:

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What the Healthcare Technical Services Exhibit Is

The Healthcare Technical Services Exhibit is a contractual exhibit attached to master services or vendor agreements that documents technical scope, security obligations, service levels, data handling, and acceptance criteria for IT and technical services provided to a healthcare organization. It defines deliverables, interfaces with protected health information, required certifications, responsibilities for encryption and access control, and the operational cadence for incident response, maintenance, and change management. The Exhibit is intended to make technical expectations explicit and to enable regulatory compliance with healthcare privacy and audit requirements while serving as an enforceable part of the underlying agreement.

Why a Dedicated Exhibit Matters for Healthcare Engagements

A focused Healthcare Technical Services Exhibit clarifies security controls, HIPAA obligations, and technical deliverables so both parties understand accountability and measurable acceptance criteria.

Why a Dedicated Exhibit Matters for Healthcare Engagements

Who Prepares and Who Reviews This Exhibit

Typical preparers and reviewers ensure the Exhibit aligns technical work with healthcare compliance and operational needs.

  • Healthcare IT leadership and compliance officers who define PHI handling and security requirements.
  • Vendor technical leads and project managers who map deliverables, interfaces, and SLAs to client expectations.
  • Procurement, legal teams, and clinical informatics personnel who assess risk, insurance coverage, and acceptance criteria.

Collaboration among these roles reduces ambiguity, speeds onboarding, and supports audit readiness when services begin.

Security and Compliance Items to Include

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest
Audit Trail: Timestamped logs and immutable records
HIPAA: Business Associate Agreement (BAA) required
Authentication: Multi-factor and role-based access controls
21 CFR Part 11: Controls for FDA-regulated electronic records
Certifications: SOC 2 Type II, ISO 27001 where applicable

Key Risks and Contract-Level Penalties

HIPAA Violation: Civil and criminal exposure
Data Breach Costs: Forensic and notification expenses
Service Nonperformance: Liquidated damages or credits
Regulatory Fines: State and federal penalties
Termination Rights: Breach can trigger contract exit
Liability Caps: May limit recovery amounts

Common Preparation Pitfalls

  • Vague security language that lacks measurable controls and metrics.
  • Missing BAA or unclear PHI flow diagrams leading to compliance gaps.
  • Absent acceptance criteria for deliverables and incomplete testing protocols.
  • Unspecified escalation paths and response time commitments for incidents.

Step-by-Step: Completing the Exhibit

Follow a clear sequence to collect requirements, assign responsibilities, and finalize signatory approval.

  • 01
    Gather Requirements: Collect PHI flows, interfaces, and regulatory needs.
  • 02
    Define Scope: List deliverables, service hours, and exclusions.
  • 03
    Specify Controls: Describe encryption, logging, and authentication.
  • 04
    Approve and Sign: Obtain authorized signatures and retain records.

Typical Digital Workflow Settings for eSubmission

Configure signing and routing to mirror the Exhibit approval chain and preserve an audit trail for regulatory review.

Field Configuration
Authentication Email plus SMS or two-factor authentication
Routing Order Sequential signer order with conditional branches
Audit Retention Retain logs for minimum regulatory periods
API Integration Connect to EHR or contract repository as needed

How Electronic Submission Typically Flows

A standard eSubmission creates a documented trail from sender to signer and into secure storage, meeting the ESIGN/UETA legal tests.

  • Upload: Sender uploads the Exhibit and maps required fields.
  • Assign: Set signer roles and authentication strength.
  • Sign: Signer authenticates and applies electronic signature.
  • Archive: Signed copy and certificate stored for retention.

Technical Distribution and Integration Considerations

Verify integrations, supported file types, and access controls before deploying an electronic Exhibit workflow.

  • Integrations: Salesforce, NetSuite, Google Workspace, Microsoft 365 supported
  • Formats: PDF, Word DOCX, and structured Excel exports
  • Access Controls: SSO, SAML, and role-based permissions

Matching platform capabilities to your tech stack reduces manual steps and ensures signed Exhibits are centrally accessible for audits.

How This Exhibit Differs from General Technical Services Exhibits

Compare features that typically distinguish a healthcare-focused Exhibit from a general technology services exhibit.

Criteria Healthcare Exhibit General Tech Exhibit
Notarization Required
HIPAA Addendum
Typical Signers security/compliance it/procurement
Retention Period longer standard

Essential Sections to Include in the Exhibit

A complete Exhibit organizes technical obligations into clear, measurable sections so responsibilities and compliance controls are enforceable.

Scope of Services

Describe specific technical tasks, interfaces, deployment environments, and any exclusions so both parties have a shared baseline for deliverables and responsibilities.

Deliverables

List deliverables, formats, delivery milestones, and acceptance testing criteria including sampling, test cases, and approval windows for completed components.

Service Levels

Define availability, incident response targets, reporting metrics, uptime measurement windows, and remedies or credits for unmet service levels.

Security Controls

Specify encryption standards, access controls, vulnerability management, patching cadence, and breach notification timelines tied to regulatory requirements.

Change Management

Outline procedures for planned changes, emergency patches, change approval authorities, rollback processes, and notification to affected stakeholders.

Pricing and Billing

Detail billing triggers, invoicing cadence, payment terms, pass-through costs, and any milestone-based or time-and-materials rates.

Complementary Exhibit Components Often Attached

These supporting components reduce ambiguity and provide evidence for compliance and operational handoffs.

Acceptance Criteria

Formal test protocols, success metrics, and sign-off procedures that define when a deliverable is accepted and invoicing may proceed.

Escalation Matrix

Contact points, roles, and SLA-driven escalation steps to resolve outages or incidents within defined timeframes.

Data Flow Diagram

Visual mapping of PHI flows, interfaces, and third-party processors describing where data is stored, transmitted, and processed.

Maintenance Schedule

Planned maintenance windows, blackout periods, and notification timing to coordinate clinical and IT operations.

How to Amend or Revise the Exhibit

Follow a structured amendment process to ensure changes are approved, signed, and versioned for auditability.

01

Identify Change:

Document the scope and rationale for the proposed amendment.
02

Draft Amendment:

Prepare language referencing affected sections and effective dates.
03

Legal Review:

Obtain counsel review for regulatory or liability risk.
04

Sign Approval:

Secure electronic signatures from authorized representatives.
05

Distribute:

Share the executed amendment to all stakeholders and repositories.
06

Version Control:

Archive prior versions and note retention changes.

Practical Tips for Accurate, Efficient Completion

Apply consistent practices to reduce review cycles and ensure enforceability across clinical and technical stakeholders.

Use Clear, Measurable Language
Avoid subjective terms. Define metrics for uptime, response times, testing pass rates, and acceptance so performance assessments are objective and defensible in audits.
Attach Technical Artifacts
Include diagrams, sample payloads, API specs, and endpoint lists to prevent misinterpretation and to speed integration tests and security assessments.
Align Security to Regulations
Map controls to HIPAA, 21 CFR Part 11, or other applicable frameworks and require documentation proofs such as SOC 2 or penetration-test summaries.
Use Versioned Signatures
Require dated signatures and maintain signed copies plus an audit trail so changes are traceable and reproducible for regulators.

Time-Sensitive Dates Commonly Included

Specify contractual and operational timelines to avoid disputes over performance, invoicing, and renewals.

Effective Date:

Date services commence and obligations begin.

Delivery Milestones:

Target dates for phased deliverables and acceptance testing.

Invoicing Cycle:

Net terms and invoice frequency that trigger payment obligations.

Breach Notification:

Timeline for incident reporting to the covered entity and regulators.

Renewal Notice:

Advance notice period for renewals or termination.

Key Project Milestones and Review Points

Organize milestones sequentially so stakeholders can track progress and trigger governance events.

01

Project Kick-Off

Initial alignment meeting and deliverable baseline established.

02

Baseline Delivery

First functional release and acceptance testing window.

03

Operational Handover

Transfer to runbook and monitoring with support contacts.

04

Annual Review

Security and SLA review with possible amendment proposals.

Pricing and Feature Snapshot for eSignature Vendors

Basic plan pricing and common feature availability for selected vendors. Confirm vendor websites for plan details and eligibility for enterprise features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (plan-dependent) Yes (plan-dependent) Yes (plan-dependent) Yes (plan-dependent) Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes (BAA available) Yes (BAA available) Varies by plan Varies by plan
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Practical Answers

Answers to common execution, compliance, and storage questions encountered when using a Healthcare Technical Services Exhibit.


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