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Kirk Nahra Discusses HHS Inspector General Warning About Data-Sharing Restrictions

Bloomberg BNA’s Health Care Fraud Report 
October 16, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted by Bloomberg BNA in an October 7 article about potential investigations by the U.S. Department of Health and Human Services’ inspector general into donations of electronic health record (EHR) technologies that restrict the sharing of patient data. If this type of data-limiting arrangement occurs when a hospital or other organization donates EHR software to a doctor, it represents more than just a fraud issue.

Mr. Nahra said EHR companies are being accused of developing technology that makes it difficult to switch to another provider, and in a fraud setting, this would tie doctors to the hospital that originally donated the technology. Outside of a fraud context, hospitals should be reviewing these arrangements to make sure they’re not forever linked to a single EHR vendor, even if that vendor relationship isn’t successful, he said.

“These programs are having a real, and negative, impact on certain data sharing and patient access goals, which is making the incentive for government action even stronger,” Mr. Nahra said.

To read the article, click here.