Providers Not Likely to Face Legal Problems from eClinicalWorks settlement

Some urgent care providers have expressed concern that they could be the next subjects of Department of Justice scrutiny in the wake of eClinicalWorks agreement to settle federal charges. Those fears stem from the idea that incentive payments they received from eClinicalWorks could be viewed as ill-gotten gains. (As we told you just days ago, the company had been sued over charges it falsely certified that its EHR met all government criteria and that it failed to adequately test its software before release; to adequately debug systems in a reasonable amount of time; to ensure data portability and audit log requirements; and to reliably record lab and diagnostic imaging orders.) However, attorneys well versed in health law say it’s unlikely law enforcement will go after healthcare providers simply because they bought their electronic health records system from eClinicalWorks. If anything, some have conjectured, the DOJ may be on the lookout for other EHR vendors who could be viewed as making false claims or disregarding certain requirements.