On May 31, 2017, the US Department of Justice announced a Settlement Agreement under which eClinicalWorks, a vendor of electronic health record software, agreed to pay $155 million and enter into a five-year Corporate Integrity Agreement to resolve allegations that it caused its customers to submit false claims for Medicare and Medicaid meaningful use payments in violation of the False Claims Act.
False Claims Act Settlement with eClinicalWorks Raises Questions for Electronic Health Record Software Vendors
By Daniel F. Gottlieb and Tony Maida on July 7, 2017
Tags: Anti-Kickback Statute, CEHRT, Centers for Medicare and Medicaid Services, CMS, Complaint-in-Intervention, corporate compliance program, Corporate Integrity Agreement, DOJ, e-prescribing, eClinicalWorks, ECW, EHR, Electronic Health Record, False Claims Act, false statements, FCA, Focus Arrangements, health information technology, HHS, HIT, Incentive Programs, independent monitor model, independent review organization, IRO, kickbacks, Medicaid, Medicare, Medicare Quality Payment Programs, Merit-Based Incentive Payment System, MIPS, noncompliance, Office of the Inspector General, Office of the National Coordinator of HIT, OIG, ONC, Quality Assurance Program, RxNorm, SAFER, Safety Assurance Factors for EHR Resilience, Software Quality Oversight Organization, SQOO, Transactions Review, US Department of Health and Human Services, US Department of Justice, whistleblower
Daniel F. GottliebDaniel F. Gottlieb counsels a wide range of health care industry clients, including health care providers, health plans, health information technology (IT) vendors and life sciences companies. He represents these entities on health IT acquisitions, privacy and data protection, reimbursement, fraud and abuse, and other health care regulatory and transactional matters. Daniel is a co-leader of the Firm’s Global Privacy and Cybersecurity Practice. Read Daniel Gottlieb's full bio.
Tony MaidaTony Maida counsels health care and life sciences clients on government investigations, regulatory compliance and compliance program development. Having served as a government official, Tony has extensive experience in health care fraud and abuse and compliance issues, including the federal and state Anti-Kickback and Stark Laws and Medicare and Medicaid coverage and payment rules. He represents clients in False Claims Act (FCA) qui tam matters, government audits, civil monetary penalty and exclusion investigations, and Centers for Medicare and Medicaid Services (CMS) suspension, and revocation actions, negotiating and implementing corporate integrity agreements, and making government self-disclosures. Read Tony Maida's full bio.
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