The Department of Health and Human Services, Office of the Inspector General (OIG), modified its Work Plan to announce that the agency will be conducting a nationwide audit of hospitals that participated in the Medicare Electronic Health Records (EHR) Incentive Program (also known as the Meaningful Use Program).  The OIG review is focusing on hospitals that received Medicare EHR incentive payments between January 1, 2011 and December 31, 2016.

The OIG’s modification to its Work Plan follows last month’s report that CMS improperly paid an estimated $729 million in Medicare EHR incentives. In our prior client alert, we flagged these findings as a potential area for significant overpayment recovery actions and noted that such actions could pose risks for incentive payment recipients. Read our entire client alert on the OIG’s nationwide audit on hospitals that participated in the EHR Incentive Program Here.

Print:
EmailTweetLikeLinkedInGoogle Plus
Photo of John Brennan John Brennan

John T. Brennan, Jr. is a partner at Crowell & Moring and is chair of the firm’s Health Care Group. His practice primarily focuses on health care fraud and abuse matters. He defends clients in federal litigation, investigations and enforcement actions, especially relating to the federal False Claims Act and the anti-kickback and physician self-referral (Stark Law) statutes. He deals frequently with the Department of Justice and Health & Human Services – Office of the Inspector General. In addition to his litigation practice, John often advises clients on compliance matters, and conducts internal investigations related to potential fraud and abuse issues. John’s practice also includes advising clients on reimbursement, transactional, physician relations, licensure and certification, and other regulatory issues.

John graduated cum laude from Georgetown University Law Center in 1978. He also holds a master’s degree in hospital administration from The George Washington University. He received his undergraduate degree from Union College, where he graduated cum laude and was elected to Phi Beta Kappa. Prior to entering law school, John was employed as a hospital administrator for several years.

John was named an American Health Lawyers Association Fellow in 2007, an honor bestowed on only 70 of the Association’s 10,000 members. He served for three years as Chair of the AHLA’s 1,700-member Fraud and Abuse, Self-Referrals and False Claims Specialty Law Committee, the AHLA’s largest Specialty Committee, and prior to that was vice-chair of that Committee. He has been ranked in Chambers USA as a Top Health Care Attorney (Band 1) in Washington, D.C. every year since 2005 and nationwide since its inception. John has also been named one of the nation’s Top Health Care Attorneys by Best’s each year since 2006, as well as having appeared in multiple editions of The Best Lawyers in America since 2008.

John lectures and writes regularly on health care fraud and abuse topics. He has frequently conducted the Health Care Fraud Primer session at the AHLA’s Annual Conference, as well as presenting at the annual Health Care Fraud Update for Physicians and Hospitals at the AHLA Medicare/Medicaid Conference. He also speaks regularly at the ABA White Collar Health Care Fraud Institute. He has written law journal articles on the False Claims Act and co-edited numerous AHLA Members Briefings on the Stark Law, including the Stark II Phase I, Phase II, and Phase III Final Rules, and also served on the AHLA’s prestigious Stark Law Convener Panel, which Panel in 2010 made specific recommendations for changes in the law that have since been adopted by CMS or Congress.

John is a member of the District of Columbia Bar and has appeared in numerous federal and state courts and in administrative proceedings nationwide.

Photo of Jodi G. Daniel Jodi G. Daniel

Jodi Daniel is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Health Care Group, where she provides strategic advice to clients navigating the legal and regulatory environments related to technology in the health care sector. Jodi is the former director of the Office of Policy in the Office of the National Coordinator for Health Information Technology (ONC), U.S. Department of Health and Human Services (HHS). She served for a decade as the director at the ONC and 15 years at HHS, where she helped spearhead important changes in health information privacy and health information technology to improve health care for consumers nationwide.

For more than a decade, Jodi has been responsible for thought leadership, policy development, and identifying policy drivers for health IT activities within the federal government, and ultimately established the HHS’ national health IT policy. As former director at the ONC, she addressed privacy and security issues to ensure that there was clear guidance on how the initial Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules applied to health IT. Jodi set the strategic direction and set policy on consumer e-health and health IT safety. She is also credited with establishing the ONC’s regulatory capacity and led the development of all ONC regulations on health IT standards and certification.

As the first senior counsel for health information technology in the Office of the General Counsel (OGC) of HHS, Jodi developed HHS’s foundational legal strategies and coordinated all legal advice regarding health IT for HHS. She founded and chaired the health information technology practice group within OGC and worked closely with the Centers for Medicare and Medicaid Services in the development of the e-prescribing standards regulations and the Stark and anti-kickback rules regarding e-prescribing and electronic health records.