Electronic Health Records

December 12, 2017

Florida-based 21st Century Oncology Inc. agreed to pay $26 million to settle charges of violating the False Claims Act and the Stark Law through the company’s false attestation to the use of electronic health records software and through referrals from physicians with whom the company had improper financial relationships. DOJ

December 4, 2017

 On Monday, December 4, at 10:00 AM Eastern, Whistleblower Partner Mary Inman appeared as a special guest on RAC Monitor's "Monitor Monday" radio broadcast "Developing Story: Whistleblower Suit Targets 69 Indiana Hospitals for Alleged Overcharging for EHRs" to talk about a recently unsealed whistleblower lawsuit alleging that CIOX Health and 69 Indiana hospitals misrepresented the speed at which CIOX’s Electronic Health Records (EHR) software worked in order to qualify for incentive payments from the Department of Health and Human Services.  To hear Mary's comments click here, forward to 21:36 (21 minutes, 36 seconds) into the attached broadcast.

November 13, 2017

On Monday, November 13, at 10:00 AM Eastern, Whistleblower Partner Mary Inman appeared as a special guest on RAC Monitor's "Monitor Monday" radio broadcast "Developing Stories on OPPS, OMHA and an Epic Lawsuit" to talk about a recently unsealed whistleblower lawsuit alleging that Epic Systems’ Electronic Health Records (EHR) system caused hospitals to double-bill Medicare for anaesthesia services.  Click here to listen to the broadcast.

May 31, 2017

Massachusetts-based eClinicalWorks, one of the country's largest vendors of electronic health records software, along with certain of its employees, agreed to pay $155 million to resolve charges the company violated the False Claims Act by misrepresenting the capabilities of its software.  The company also allegedly paid kickbacks to certain customers in exchange for promoting its product.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act by Brendan Delaney, a software technician formerly employed by the New York City Division of Health Care Access and Improvement.  He will receive a whistleblower award of roughly $30 million from the proceeds of the government's recovery. DOJ

June 1, 2016

Dr. Jonathan Oppenheimer, former owner and CEO of Nashville drug testing laboratory Prost-Data, Inc. (d/b/a OURLab), OPKO Health, Inc., and OPKO Lab, have agreed to pay $9.35 million to resolve charges they violated the False Claims Act by providing illegal kickbacks in exchange for business.  According to the government, Dr. Oppenheimer and OURLab made donations toward electronic health records (EHR) systems purchased by their client physician practices that fell outside the restrictions set forth in the Anti-Kickback Statute EHR safe harbor and the Stark EHR exception.  The allegations originated in a whistleblower lawsuit filed by a former OURLab employee under the qui tam provisions of the False Claims Act.  The whistleblower will receive a whistleblower award of $1.683 million from the proceeds of the government's recovery.  DOJ (MDTE)