The distinction between termination and resignation may pose a legal hurdle for the U.S. Department of Veterans Affairs' $10 billion-plus EHR contract with Cerner, the Politico Morning eHealth newsletter reports.
President Donald Trump revealed plans to replace former VA Secretary David Shulkin, MD, with White House physician Rear Adm. Ronny L. Jackson, MD, March 29. Dr. Shulkin claims he was fired from his post, while the White House reports he resigned.
Robert Wilkie, an undersecretary at the U.S. Department of Defense, will assume the role of acting secretary. However, Mr. Wilkie may not have the ability to sign the VA's long-running EHR contract with Cerner, which Dr. Shulkin first announced in June 2017.
The Vacancies Act enables the president to fill vacancies in federal agencies with an acting replacement following an official's resignation. It's unclear whether an acting official may be appointed after an employee is fired.
"It's theoretically possible that a competitor could sue the VA and argue it wasn't validly signed, because [Mr.] Wilkie shouldn't be the acting VA secretary," Politico notes.
If Mr. Wilkie continues to delay signing the EHR contract, leaving the decision to the Senate-confirmed VA secretary, it would sidestep these issues, according to Politico.