Lieff Cabraser represents a medical operator in a proposed class action lawsuit alleging fraud and other deceptive practices by Greenway Health, LLC (“Greenway”) in connection with its sale of Prime Suite, Intergy, and SuccessEHR — three Electronic Health Record (“EHR”) systems marketed to and used by healthcare providers.
For years, Greenway has promised that its software met and would meet the requirements of the Federal Government’s Meaningful Use program, which sets standards for EHR software. Unfortunately, evidence is emerging that Greenway’s software does not comply with these requirements and may not have complied with them for years.
Greenway first acknowledged problems with its software in the fall of 2018, when it alerted customers that its software could not be relied upon by providers when submitting statistics confirming the meaningful use of a certified EHR system (now under the interoperability component of the Federal MIPS program). Greenway stated that its customers would need to file hardship applications, which will result in unexpected adjustments to the scoring methodology applied by the MIPS program. This disruption could result in negative consequences for Greenway’s customers, including the loss of incentive payments or even financial penalties.
In early 2019, Greenway further disclosed that its software had failed to accurately calculate some of the quality measures used for reporting to the MIPS program. For many providers, this adverse information was disclosed shortly before the deadline for reporting to the Government, and could result in providers experiencing further problems with submissions to the MIPS program or incurring financial penalties.
Finally, in early 2019, Greenway settled a False Claims Act lawsuit brought by the United States Department of Justice for $57.25 million. The Government’s complaint against Greenway, which was only recently revealed to the public, cites numerous admissions by Greenway’s employees that its software did not satisfy the requirements of the Meaningful Use program. The complaint alleges that despite knowing the problems with its software, Greenway falsely represented to users that the software was fully compliant with the Meaningful Use program.