FCA Settlement Raises Questions For Health IT Industry
By Daniel Gottlieb, Tony Maida and Joan Polacheck ( June 13, 2017, 2:55 PM EDT) -- The U.S. Department of Justice announced on May 31, 2017, an agreement settling allegations in the DOJ's complaint-in-intervention that eClinicalWorks LLC (ECW), a vendor of electronic health record (EHR) software, caused its health care provider customers to submit false Medicare and Medicaid claims for meaningful use payments in violation of the False Claims Act. Under the settlement agreement, ECW agreed to pay approximately $155 million to resolve the allegations without admitting liability and an ECW software developer and two project managers agreed to pay additional amounts. ECW also entered into a five-year corporate integrity agreement with strict compliance oversight and reporting obligations and costly obligations to provide the latest version of ECW's EHR software (including related implementation and training services) to each of ECW's current customers free of charge....
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