Three Powers attorneys have published an article in BNA discussing how hospitals can protect themselves from electronic health records incentive overpayment-related liability.

Steve Kuperberg, Mark Fitzgerald, and Senior Counsel Jim Pyles co-authored the article “Five Things Hospitals Can Do Now to Protect Themselves from EHR Incentive Payment Pitfalls,” which was published in Bloomberg BNA’s Medicare Report on August 24.

The article discusses the June 2017 audit by the Department of Health and Human Services Office of Inspector General which reported that the Centers for Medicare and Medicaid Services inappropriately paid as much as 12% of incentive payments to promote the adoption of the “meaningful use” of electronic health records.

According to the article, the report provides an early indication that hospitals’ receipt of incentive payments for the adoption and meaningful use of EHRs could well become a focus of OIG’s attention in the near future. A finding of inappropriate incentive payments could subject the hospital and senior officials to civil and criminal penalties.

The article outlines ways hospitals can protect themselves from liability, including reviewing supporting documentation regarding EHR incentive payments and reviewing the periods for which “meaningful use” was reported.

To view a PDF version of the article, click here. To read the article on Bloomberg BNA’s website, click here.

Mark Fitzgerald has more than 30 years of healthcare law experience. He represents integrated healthcare systems ― particularly systems that include academic medical centers ― on a broad array of healthcare regulatory and compliance matters, including compliance with the Stark and anti-kickback laws, Medicare billing and reimbursement, and self-disclosure matters. Mark can be reached at 202-872-6771 or Mark.Fitzgerald@PowersLaw.com.

Jim Pyles is a co-founder of Powers Pyles Sutter & Verville and has more than 40 years of experience in litigation, counseling, and lobbying in the field of health law and policy. He is nationally known for his expertise with legal issues related to health information technology and health information privacy, chronic care coordination, home health, hospice, and ambulatory care services. Jim can be reached at 202-872-6731 or Jim.Pyles@PowersLaw.com.

Steve Kuperberg represents clients in government criminal investigations and related civil litigation, particularly in matters alleging violations of the federal fraud and abuse laws, health care promotional practices laws, and antitrust laws. Steve can be reached at 202-872-6764 or Steve.Kuperberg@PowersLaw.com.

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