Becker's Hospital Review

July 2017 Issue of Becker's Hospital Review

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37 CIO / HEALTH IT EHR Vendor, Executives to Pay $155M for Allegedly Misrepresenting Software's Capabilities By Ayla Ellison W estborough, Mass.-based eClinicalWorks, an EHR vendor, and some of its executives and employees have agreed to pay $155 million to resolve allegations it violated the False Claims Act, according to the Department of Justice. HHS offers incentive payments to healthcare provider organizations that demonstrate meaningful use of certified EHR technology. Companies that develop and market EHR soware must attest that their soware meets certain criteria adopted by HHS and also pass testing by an HHS- approved entity. e government alleged eClinicalWorks falsely obtained certification for its EHR soware by withholding information from its certifying entity. For example, the company allegedly concealed that its soware wasn't able to meet certain criteria for standardized drug codes. Soware must be able to retrieve any drug code from a complete database for certification. Instead of disclosing that its soware didn't meet this requirement, eClinicalWorks allegedly hardcoded only the 16 drug codes required for testing directly into its soware. Due to eClinicalWorks' alleged misrepresentations, healthcare organizations using the company's soware submitted false claims for federal incentive payments, according to the DOJ. e government also alleged the company paid kickbacks to certain customers in exchange for promoting its product. Under the settlement agreement, eClinicalWorks and three of its founders — CEO Girish Navani, CMO Rajesh Dharampuriya, MD, and COO Mahesh Navani — will pay $154.92 million to the federal government. A soware developer will pay an additional $50,000 and two project managers will each pay $15,000, according to the DOJ. In addition to the monetary settlement, eClinicalWorks entered into a corporate integrity agreement with HHS' Office of Inspector General that covers the company's EHR soware. e allegations against eClinicalWorks were originally brought under the qui tam, or whistle-blower, provisions of the False Claims Act. n AARP Foundation ProMedica American Hospital Association Ascension Blue Cross Blue Shield of Minnesota Center for Health Law and Policy Innovation Community Servings Connecticut Mental Health Center Dignity Health Feeding America Humana Loma Linda University Health Lucas County CareNet Michigan Health and Hospital Association OSF Healthcare Paramount University Hospitals Collaborative Consulting Greater Chicago Food Depository Hospital Quality Institute Nonprofit Finance Fund Presbyterian Healthcare Services RWJBarnabas Health Saint Joseph Mercy Health System Share Our Strength Join leaders from across the nation to discuss research and solutions that improve health outcomes across the lifespan – from infant mortality to senior isolation – and better address basic needs such as hunger, housing, transportation, and other social determinants. Featuring national experts in plenary forums and more than 24 breakout sessions in Advocacy, Education and Research that will focus on how to address basic needs in your community. Founding Partners Inaugural Partners Partners Presenting Sponsor: Second Annual National Summit on the Social Determinants of Health October 9 – 10, 2017 | Louisville, KY © 2016 The Root Cause Coalition 2017 Register today at: rootcausecoalition.org/nationalsummit

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