Department of Justice Continues Enforcement Against Electronic Health Record Vendors

Scott R. Grubman, Esq., Chilivis Cochran Larkins & Bever LLP, Atlanta GA

In February 2019, the United States Department of Justice (DOJ) announced that it had reached a False Claims Act (FCA) settlement with Electronic Health Records (EHR) vendor Greenway Health.1  As part of that settlement, Greenway agreed to pay over $57 million to resolve allegations that it violated (1) the FCA by causing its users (i.e., healthcare providers) to submit false claims to federal healthcare programs by allegedly misrepresenting the capabilities of its EHR product Prime Suite, and (2) the Anti-Kickback Statute (AKS) by providing unlawful remuneration to its users in order to induce them to recommend Prime Suite to other healthcare providers.

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