In connection with a Medicare EHR incentive payment meaningful use audit, the Firm successfully argued our healthcare practitioner client was in compliance with all requirements for receipt of the Medicare EHR Incentive at the time its attestations were submitted. As such our client was not subject to an overpayment for the monies received. The Client timely transitioned to EHR to receive the financial incentive provided by Medicare. In 2013, the Client was selected for a Meaningful Use Audit for payment year one of the Medicare EHR Incentive payment, which among other things, focused on the security risk analysis requirement. After several submissions to the auditor, Attorney Erin Bengele effectively argued that neither CMS guidance nor federal regulations specified requirements for conducting such a risk analysis and therefore, the Client’s supporting documentation was sufficient and the Client had fully complied. The auditor concluded the Client has met the meaningful use criteria.

The attorneys at Nicholson & Eastin, LLP represent health care providers in compliance matters including issues related to new electronic health records and the EHR Incentive Program, HIPAA requirements, as well as fraud and abuse.