Attorneys See More Telehealth False Claims Cases
Two Hogan Lovells attorneys say companies operating in the telemedicine and electronic health records (EHR) spaces should expect increased False Claims Act (FCA) enforcement going forward and take steps to minimize their risk. The attorneys’ views are expressed in a white paper, “Healthcare Digitization Creates New FCA Risk.”
“In recent years,” the attorneys say, “the implementation of electronic health records and rapid expansion of telemedicine has caught the attention of the Department of Justice and the qui tam relators’ (whistleblowers) bar, prompting rigorous enforcement actions and increasing False Claims Act cases. Despite shifts in technology reshaping patient records and care, FCA enforcement remains a constant and growing force.”
The paper gives a historical overview of the Justice Department’s examination of telemedicine over the past few years and several of the operations and cases the government has been involved in. It also discusses several EHR cases.
“We expect FCA and other fraud investigations relating to telehealth fraud and EHR to continue,” the attorneys conclude.