News & Analysis as of

EHR HITECH Act

K&L Gates LLP

Qui Tam Quarterly - EHR Systems: a Step Forward for Patients but a Compliance and Enforcement Minefield for Health Care Providers

K&L Gates LLP on

Information is power, but the consequences of mismanaging information in the health care industry can be severe. Electronic Health Record (EHR) systems provide comprehensive real-time patient medical information in an...more

Baker Donelson

District Court Ruling Impacts HIPAA Access Request Permissible Charges

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On January 23, 2020, the United States District Court for the District of Columbia declared sections of the 2013 Omnibus Rule unlawful. The Court found that the Department of Health and Human Services (HHS) impermissibly...more

Akerman LLP - Health Law Rx

OCR Fee Limits for Third Party Directive Record Requests Struck Down

On January 28, 2020, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) issued a notice (the OCR Notice) regarding individuals’ right of access to health records in response to a January 23, 2020...more

King & Spalding

OIG Report Finds CMS Made an Estimated $94 Million in Incorrect Medicare EHR Incentive Payments to Acute-Care Hospitals

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On December 12, 2019, OIG released a report finding that CMS made an estimated $94 million in incorrect Medicare incentive payments to acute-care hospitals for using electronic health records (EHRs) over an audit period from...more

Foley & Lardner LLP

$22 Billion Administrative Overreach

Foley & Lardner LLP on

A mind-boggling example of administrative overreach, i.e. HHS’s issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016), which impose a $22 billion lifetime regulatory cost ($1.52 billion per year...more

Baker Donelson

OIG Claims CMS Paid $729 Million in Erroneous EHR Incentive Payments

Baker Donelson on

In a June 12, 2017 report entitled, Medicare Paid Hundreds of Millions in Electronic Health Record Incentive Payments That Did Not Comply With Federal Requirements, the Department of Health and Human Services, Office of...more

McGuireWoods LLP

Huge Relief From eClinicalWorks Decision Not to Hold Customers Liable For Its Vendor’s Actions, But Providers Should Not Drop...

McGuireWoods LLP on

There are inherent risks in any vendor relationship. In the healthcare industry, with myriad regulatory pitfalls, the stakes can be even higher. Several customers of the cloud-based electronic health record (EHR) software...more

BakerHostetler

OIG Report Estimates CMS Paid Millions in Erroneous Meaningful Use Incentives

BakerHostetler on

On June 12, 2017 the Department of Health and Human Services Office of Inspector General (OIG) released a report entitled Medicare Paid Hundreds of Millions in Electronic Health Record Incentive Payments That Did Not Comply...more

King & Spalding

OIG Claims Medicare Improperly Paid Over $700 Million Medicare and Medicaid EHR Incentive Payments

King & Spalding on

On June 12, 2017, OIG released a report on Medicare and Medicaid electronic health record (EHR) incentive payments, claiming that between May 2011 and June 2014, CMS paid an estimated $729 million to eligible professionals...more

Jones Day

"Meaningfully Useful" Risk Mitigation Strategies for Providers Following the eClinicalWorks Settlement

Jones Day on

The Health Information Technology for Economic and Clinical Health Act ("HITECH Act") established financial incentives under Medicare and Medicaid for eligible health care providers that adopt, implement, and demonstrate use...more

Dorsey & Whitney LLP

EHR Vendors Beware: eClinicalWorks Settles with DOJ for $155 Million

Dorsey & Whitney LLP on

The Department of Justice (“DOJ”) announced on May 31, 2017, a $155 million settlement of its lawsuit alleging False Claims Act (“FCA”) and Anti-Kickback Statute (“AKS”) violations committed by eClinicalWorks (“eCW”), one of...more

Bass, Berry & Sims PLC

A Striking EHR Settlement: The DOJ pursues an EHR Vendor for "Causing the Submission" of False EHR Incentive Payment Claims

On May 31, 2017, the U.S. Department of Justice (DOJ) announced a $155 million settlement with eClinical Works (ECW), a nationally-known electronic health records (EHR) software vendor. The settlement arises out of a lawsuit,...more

Morgan Lewis

New FDA Draft Guidance on the Use of Electronic Health Record Data in Clinical Investigations

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FDA emphasizes interoperability and outlines other best practices for effectively using EHR data in FDA-regulated studies. Acknowledging the increased use of electronic health records (EHRs) in clinical studies, and the...more

King & Spalding

Sixth Circuit Rules That EHR Security Breaches Do Not Violate False Claims Act

King & Spalding on

On March 7, 2016, the Sixth Circuit Court of Appeals ruled that security breaches of individual electronic health records (“EHRs”) do not violate the HITECH Act and cannot support False Claims Act allegations. ...more

Jackson Walker

Legal Risks Facing Nursing Home Providers and Reducing Risk with Clinical Documentation

Jackson Walker on

Documentation in Electronic Health Records: - Nursing homes lag behind other providers in electronic health record system adoption - Of 472 nursing homes in New York, there was a 7.7 percent increase in EHR adoption...more

Dorsey & Whitney LLP

EHR ROI: Meaningful Use and Leveraging Your Electronic Health Record

Dorsey & Whitney LLP on

Meaningful Use (MU) is again at the forefront of many hospital leaders’ minds, as the Centers for Medicare and Medicaid Services (CMS) released a proposed rule in early April that aligns Stage 1 and Stage 2 incentives and...more

Foley & Lardner LLP

ONC Releases Updated Guide to Privacy and Security of Electronic Health Information

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The Office of the National Coordinator for Health Information Technology (“ONC”) of the U.S. Department of Health and Human Services (“HHS”) recently released Version 2.0 of the Guide to Privacy and Security of Electronic...more

Mintz - Health Care Viewpoints

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

Robinson & Cole LLP

HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge

Robinson & Cole LLP on

In a scathing report released last Friday, the Department of Health and Human Services Office of the National Coordinator (ONC) accused hospitals and software vendors of preventing the sharing of health information in order...more

Mintz - Health Care Viewpoints

CMS Issues Proposed Rule on Stage 3 of Meaningful Use

On March 20, 2015, the Center for Medicare and Medicaid Services (“CMS“) and the Office of the National Coordinator for Health Information Technology (“ONC“) each released their much-anticipated proposed rules for Stage 3 of...more

Fisher Phillips

How To Analyze A HIPAA Breach

Fisher Phillips on

The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about...more

Obermayer Rebmann Maxwell & Hippel LLP

HITECH Act Assures Meaningful Use & Care Coordination…For Some

The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of...more

Mintz - Privacy & Cybersecurity Viewpoints

Massive Data Breach Affects 4.5 Million Patients in 29 States

Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the...more

Mintz - Privacy & Cybersecurity Viewpoints

Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance

Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured...more

Holland & Knight LLP

The New "Meaningful Use" Landscape: A Transition from Incentives to Penalties - CMS Begins Enforcing Penalties for Failure to...

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Starting in 2015, eligible physicians and hospitals participating in the Medicare Electronic Health Records Incentive Program who do not adopt "meaningful" use" certified electronic health record (EHR) technology will no...more

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