Since the beginning of 2019, the DOJ has concluded two other transactions under EHR agreements. The first Inform Diagnostics (Inform), a pathology laboratory company. On January 30, 2019, DOJ announced a $63.5 million FCA transaction based on allegations that Inform violated AKS and Stark Act. The allegations stem from Inform who, in violation of fraud and abuse laws, allegedly granted grants to physicians for EHR and free or up-to-date technology consulting services. Specifically, under the transaction treaty, the United States stated that „[Inform] provided EHR donations to physicians and other health care providers who did not meet the requirements of the AKS and the Stark Act, because donation decisions met the volume or value of laboratory testing or other transactions between EHR and [Inform] donation recipients or met the requirements of the law AKS-Safe Harbor and Stark. which applies to EHR donations. The transaction contract contained similar language with respect to information, which provides free or discounted technology consulting services. „Over the past two years, my office has solved two cases against the major developers of the EHR, for which we have claimed significant fraudulent behavior. These are the two largest recoveries in the history of this district and the restitution of more than $200 million in taxpayers` money. These cases are important, not only to prevent the theft of taxpayers` money, but also to ensure that the promise of health technology is implemented in the form of better patient safety and an effective flow of health information,“ said Christina E.
Nolan, U.S. Minister of Justice. , for the District of Vermont. „This resolution demonstrates my office`s initiative and determination to relentlessly highlight and monitor these complex cases. We will relentlessly support our efforts to preserve the accuracy and reliability of U.S. medical records and to protect public taxes from corporate greed. EHR companies should be included in the index. Unfortunately, according to the DOJ, some EHR providers have played the system. For example, in February 2019, the DOJ announced that it had entered into a settlement agreement with Greenway Health of Tampa, Florida, regarding the False Claims Act („FCA“) allegations regarding the company`s EHR software. In particular, the DOJ asserted that Greenway had improperly obtained certification for its software that did not fully meet certification standards and was able to cause patient safety errors. The DOJ also stated that Greenway had achieved this by modifying its prototype software, which it felt met the requirements. To resolve the complaint, Greenway agreed to pay US$57.25 million and entered into a five-year agreement on the integrity of the business. In a similar case in 2017, the DOJ announced that it had reached a settlement agreement with eClinicalWorks of Westborough, Massachusetts, on the FCA`s allegations.