While OIG can fine $2,500 per day for each day the company violates the requirements of the agreement, the agency has, according to Rumley, a margin of appreciation on the total amount. In addition, eClinicalWorks` agreement requires customers to receive free updated versions of their software and customers to have the option to transfer their data to another EHR software provider without penalty or service charges. The provider must also maintain an independent monitoring body to verify its agreements with health care providers to ensure compliance with anti-kickback status. ECW`s five-year Corporate Integrity Agreement (CIA) contains several requirements that are not normally included in the CIA. Some of the requirements are: May 31, 2017, the U.S. Department of Justice (DOJ) announced that eClinicalWorks (ECW) has agreed to pay a $155 million transaction and enter into an agreement on the integrity of the company with the OIG to clarify allegations that ECW incentivised its health care provider`s clients to file false Medicare and Medicaid claims for reasonable use payments in violation of the False Claims Act (FCA). As part of the company integrity agreement, ECW has accepted strict compliance and reporting obligations and has made ecW`s most recent version of ECW`s EHR software free of charge. The timely publication of this type of information is required by the provider of electronic health registry systems as part of an agreement on the integrity of the company with the General Inspection Office of the Ministry of Health and Human Services. As part of this agreement, which has integrated eClinicalWorks into the CIA, the company is required to immediately inform its customers and users of patient safety issues and to keep a list of these issues on its customer portal. More than a year after agreeing to massively compare allegations that it falsified EHR certification standards, eClinicalWorks was fined for failing to report patient safety issues with its software within a specified time frame, in violation of an agreement with the federal government. Events to be reported as defined in the agreement include events that involve “a patient safety issue or an identified case of actual or suspicious patient damage related to the EHR software.” In a recent letter to EClinicalWorks Compliance Officer Michael D. Laycob, OIG expressed “serious concerns” about patient safety issues and current compliance with the company`s obligations under an enterprise integrity agreement adopted as a result of the ECW False Claims Act 2017. eClinicalWorks paid the penalty for “failing to comply with its obligation to notify patient safety issues in a timely manner as events to be reported” as part of a five-year enterprise integrity agreement signed by the OIG, according to the OIG.
Under the Company Integrity Agreement, eClinicalWorks must provide the following information to the OIG in writing: In the May 2017 Enterprise Integrity Agreement with the OIG, it states that a fine of $2,500 “must be incurred on the day after the commitment expires” for each day eCW does not set and effectively implements the patient safety declaration as reporting events.