The US Department of Justice recently settled a False Claims Act case with eClinicalWorks (ECW) for misrepresenting its software’s capacity. According to the Department of Justice, the company falsely obtained meaningful use certification by concealing its software’s limitations from the evaluating body. Despite this settlement, the Centers for Medicare and Medicaid Services (CMS) announced that it will not penalize providers for using ECW to report meaningful use criteria.
Clinicians have been able to qualify for Medicare and Medicaid incentive payments for demonstrating meaningful use with certified EHR technology beginning with the 2009 economic stimulus package. Eligible clinicians are now subject to EHR data reporting through the Advancing Care Information component of the Alternative Payment Program (APP). The recent CMS decision is favorable to clinicians who may have otherwise received a negative payment adjustment for not using certified EHR software.
In addition to misrepresenting its software capabilities, the lawsuit alleged that ECW paid customers to endorse its products to other potential buyers. Under the settlement, ECW is responsible for over $1.5 million in fines to be paid to the U.S. government.
For more information about the Advancing Care Information component, and other aspects of the Quality Payment Program, visit the AASM Evolve Sleep website at https://evolvesleep.aasmnet.org/payment-reform/.