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Impact of DOJ Electronic Health Record Company Settlements and HHS Final Rules on Interoperability and Information-blocking Webinar

Date: Wednesday, April 8, 2020 12:00 PM - 1:00 PM

On January 27, 2020, the U.S. Department of Justice (“DOJ”) announced that Practice Fusion Inc. (“Practice Fusion”), an electronic health record (“EHR”) company, will pay $145 million to resolve criminal and civil investigations relating to its electronic health records (“EHR"”) software. The settlement addressed allegations that Practice Fusion extracted unlawful kickbacks from a major opioid company to create a clinical decision support (“CDS”) alert in its EHR software to prompt doctors to prescribe the company’s extended release opioids (“EROs”). The Practice Fusion settlement represents DOJ’s third civil EHR company settlement in recent years, and the first time DOJ has taken criminal action against an EHR company.

These recent settlements raise important compliance issues for not only EHR companies, but also for those life science and technology companies that seek to collaborate with them to improve provider and patient engagement for innovative clinical products and services.

On March 9, 2020, the U.S. Department of Health and Human Services (“HHS”) finalized two long-awaited sets of rules that will govern how providers, payers and technology companies must design their systems to give patients safe and secure access to their digital health data. These rules issued by both the Office of the National Coordinator for Health Information Technology and the Centers for Medicare & Medicaid Services, fulfill the interoperability and information-blocking provisions of the landmark 21st Century Cures Act.

Please join Covington colleagues from our Litigation, Healthcare, and Food, Drugs, and Devices Practice Groups to discuss the:

  • Trends in Anti-Kickback Statute (“AKS”) and False Claims Act (“FCA”) enforcement against EHR companies.
  • Implications for designing and implementing compliant CDS tools for use in EHRs.
  • Key considerations for using EHR tools in the marketing and promotion of drugs and related support services.
  • Best practices for managing evolving legal risks in digital health collaborations.
  • Potential impacts of the HHS final rules on interoperability and information-blocking.

Speakers include:

Rujul Desai
Of Counsel
+1 202 662 5427

Stefanie Doebler
Of Counsel
+1 202 662 5271

Shanya Dingle
Special Counsel
+1 202 662 5615

Wednesday, April 8, 2020
12 - 1 p.m. EDT

Log-In Details will be sent closer to the event date

To register, click here.