Tampa, Fla.-based EHR company Greenway Health will pay $57.25 million to resolve allegations that it misrepresented the capabilities of its software, causing clients to submit false claims to the government in violation of the False Claims Act, the U.S. Justice Department announced Feb. 6.
Five things to know:
1. The product in question is Greenway's "Prime Suite." The government alleged Greenway obtained certification under the ONC's 2014-edition health IT criteria for the product, although it did not fully comply with the requirements for certification. Additionally, Prime Suite was not equipped with the standardized clinical terminology to ensure two-way flow of accurate electronic prescription and health information concerning patients.
2. Greenway allegedly modified its test-run software in an effort to convince the company certifying its Prime Suite that it could use the proper clinical terminology, according to the government. This inaccurate certification reputedly led the vendor to deceive its customers.
3. The government argued that a similar issue was present in the 2011 edition of Prime Suite, and that Greenway failed to resolve the problem. The issue allowed the vendor's clients to unknowingly collect incentive payments through the Medicare and Medicaid EHR Incentive Program.
"As a result, numerous users of this earlier version of Prime Suite falsely attested that they were eligible for EHR incentive payments when, in fact, they had not met all necessary use requirements," the DOJ wrote in a news release.
4. The government also alleged that Greenway violated the Anti-Kickback Statute by paying its clients to recommend Prime Suite to their peers.
5. In addition to paying the settlement fine, Greenway has entered into a five-year corporate integrity agreement with HHS' Office of Inspector General to review its products and provide clients with options to use the latest versions of Prime Suite, switch to a new Greenway product or transition to a different EHR vendor at no additional charge.
"Electronic health records are critically important to the healthcare decision process, and both patients and providers rely on these technologies to safely and accurately record and transmit vital health information," said Assistant Attorney General Jody Hunt of the DOJ's Civil Division. "This resolution demonstrates our continued commitment to pursue EHR vendors who misrepresent the capabilities of their products, and our determination to promote public health while holding accountable those who seek to abuse the government's trust."