If your electronic health record (EHR) is Modernizing Medicine (ModMed), then yes, it is getting sued for a violation of the False Claims Act.
We can help your practice get up to date and prepared to minimize breach risks from third-party vendors. Subscribe to stay current and up to date on important matters that will impact your practice. (To subscribe to our blog click here).
The Federal Government decided to intervene in a lawsuit against the EHR vendor that was founded in 2010. ModMed is used by orthopedists, otolaryngologists, and dermatologists.
The lawsuit was brought by a whistleblower who alleged that the company made false statements to market software and obtain certification. The company manually changed displays to make it seem as though the software had capabilities that didn’t actually exist. The whistleblower also said the software was unreliable and caused safety risks for patients.
The False Claims Act allows the government to recover funds when false or fraudulent claims were submitted for payment to the government.
While it’s unlikely that you would know if your EHR was violating the law, it’s essential that you protect your own practice from being involved in False Claims Act lawsuit.
Protect your practice by auditing your billing. Make sure to audit internally and make use of external auditors. We recommend working with healthcare attorneys to protect the findings with attorney-client privilege.
Make sure your compliance plan is up to date and your staff is routinely trained. It is also essential that your staff feels comfortable in reporting any potential concerns.
You should have a way to anonymously report concerns and make sure your staff knows they are taken seriously. This can help to avoid potential whistleblower lawsuits.
We know you’re busy. Subscribe to our blog to get updates and news sent directly to your inbox!
We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mail box, subscribe today!
Do you need help with updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.
