Patients put trust in their doctors to provide the correct diagnosis and treatment for their medical issues, but some medical software used by doctors across the country may be flawed and putting patient’s health and safety at risk.

Healthcare providers utilize Electronic Health Record (EHR) software in their practices to keep track of patient records like test results, medications, and medical history. In 2009, the federal government dedicated billions of dollars to be used as an incentive to encourage healthcare providers to use EHR systems.

EHR software vendors must ensure their software systems meet the certification criteria set forth by the U.S. Department of Health and Human Services (HHS). However, some companies have been caught falsifying certifications and selling EHR software to healthcare providers that is unreliable and unsafe. Many healthcare professionals are likely unaware of the flaws and risks associated with their EHR programs.

The U.S. Department of Justice decided to intervene in a recent lawsuit involving EHR software vendor, Modernizing Medicine Inc (MMI). The lawsuit was initiated by a whistleblower, who was a former employee at the company. The case alleges that MMI falsely represented its software complied with HHS certification and provided illegal kickbacks to certain individuals which “caused millions of dollars in false claims to be submitted to the Department of Health and Human Services (HHS). The false claims include federal incentive payments through the Electronic Health Record (EHR) Incentive Programs and claims for reimbursement for health services billed by MMI’s customers to federal health insurance programs including, but not limited to, Medicare, Medicaid, and Tricare.”

According to the suit, MMI’s software did not meet the federal government criteria for certification and was unreliable and dangerous to patient safety. Some of the safety issues involved the inaccurate prescribing of medications, “inaccurately charting medical history, date and time of encounter note entries, confusing chart entries between patients, improper prescriptions to children, mix-ups of lab specimens and inaccurate association of lab results with orders.”

In addition, the kickbacks illegally induced healthcare providers to use the flawed software. MMI is alleged to have provided coupons, referral programs, and other incentives that violated the Anti-Kickback statute. In addition, the EHR software is alleged to have steered providers towards MMI’s partners for things like lab services. MMI also is alleged to have illegally compensated customers for referrals and via credits to keep using the flawed software.

This is just one example of how EHR fraud can be very dangerous. The Department of Justice has made it clear that EHR vendors that falsify certifications will be held accountable for their schemes. The government provides incentives to whistleblowers who come forward with information about EHR fraud. Whistleblowers are protected from retaliation by the False Claims Act and are eligible to receive a portion of the recovery as a reward for identifying and reporting fraud. Whistleblowers should contact an experienced whistleblower attorney to ensure their rights and protections.

Contact Baron & Budd

If you are aware of electronic healthcare record (EHR) fraud or have been approached with a proposal to commit fraud, you may qualify to serve as a whistleblower. Baron & Budd’s experienced whistleblower representation team has helped numerous whistleblowers achieve a successful resolution in a wide variety of cases under state and federal law. Please call (866) 845-2164 if you want to report EHR fraud.