On March 9, 2020, the Department of Health and Human Services (HHS) announced final rules seeking to give patients more access to, and control of, their health data. The final rules were issued by the Office of the National Coordinator for Health Information Technology (ONC) and Centers for Medicare and Medicaid Services (CMS). The ONC
Department of Justice Announces Significant False Claims Act Settlements Tied to Electronic Health Records Arrangements
The Department of Justice (DOJ) recently announced two high-dollar False Claims Act (FCA) enforcement actions involving allegedly fraudulent arrangements tied to the implementation and use of electronic health record systems (EHRs). The respective settlements enable recovery by DOJ of over $100 million, and immediately precede the government’s recent proposal of new rules to promote the…
OCR Issues Request for Information Regarding Modification of HIPAA To Promote Care Coordination and Transition to Value-Based Care
On December 14, 2018 the Department of Health & Human Services Office for Civil Rights (OCR) published a Request for Information (RFI) soliciting public input on updates to regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA) with the goals of removing “regulatory obstacles” and decreasing “regulatory burdens” in furtherance of the health care industry’s transition to value-based care models.
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Missouri Hospital Diverts Patients, Shuts Down EHR due to Ransomware Attack
On July 9, 2018, Cass Regional Medical Center (CRMC) in Harrisonville, Missouri was hit with a ransomware attack that led to a complete shutdown of its electronic health record (EHR) and the diversion of trauma and stroke patients.
According to CRMC, the attack affected CRMC’s internal communications system and “access to” its EHR. In response,…
Hospital CFO Must Pay $4.4 Million For Falsely Attesting To Meaningful Use
The Health Information Technology for Economic and Clinical Health Act, adopted in 2009, pumped billions of dollars into hospitals and physicians (through the Centers for Medicare and Medicaid) in order to stimulate them to adopt electronic health records. To receive the economic incentives, hospitals and physicians had to “attest” to using electronic health records in…
HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge
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 for hospitals to prevent patients from being referred to or seeking treatment at nonaffiliated providers and electronic medical record vendors to…