The Department of Justice (DOJ) recently announced a $155 million settlement agreement with an electronic health records (EHR) vendor, eClinicalWorks (ECW), to settle False Claims Act allegations against the company initially brought by a whistleblower/qui tam relator. The whistleblower was a software technician for the City of New York City who was implementing ECW software in a prison healthcare system. The DOJ subsequently intervened and filed suit. The May 31, 2017 announcement is the first of its kind, holding an EHR vendor accountable for claims made about their certifications.
Provider clients of ECW relied on the assertions made by ECW that their EHR software met the criteria of the Office of the National Coordinator of Health Information Technology (ONC) certification program. Based on ECW’s software and the assertion of EHR certification, providers believed they had achieved “meaningful use” and received incentive payments under the Medicare and Medicaid EHR Incentive Programs.
Continue Reading Warning EHR Vendors: Evaluate Certifications and Sales/Marketing Activities to Avoid Millions in Liability