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After OIG Report, EHR Meaningful Use Audits Are Coming

By Robert E. Slavkin on May 8, 2013
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The Office of Inspector General (OIG) for the Department of Health and Human Services released a report late last year claiming that the Centers for Medicare and Medicaid Services (CMS) was not doing enough to verify that only eligible providers were receiving electronic health records (EHR) incentives. Until now, CMS relied on self-reported information to decide which providers were eligible for EHR incentive payments. The OIG stated that CMS did correctly identify which providers met meaningful use requirements based on the self-reported information, but according to the OIG, CMS did little to verify the self-reported information. The OIG stated that CMS did not have enough external information to use to verify the self-reported information. Additionally, the OIG reported that a potential audit was the only control that was in place to stop potentially fraudulent participation in the EHR meaningful use incentive payment program. However, those audits do not take place until after a provider entered into the program and incentive payments were made.

CMS has seemingly responded to the OIG report as follows. The agency has announced that approximately 5% of participants in EHR can expect to be audited. Robert Anthony, deputy director of the Health Information Technology Initiatives group with CMS stated that “…[A]bout one in 20 participants in the federally funded electronic health-record incentive payment program can expect to be audited for compliance with meaningful use and other program criteria.” Mr. Anthony stated that CMS will focus equally on pre-payment and post-payment audits, with the goal of reviewing 5% of program participants. This new initiative shows a departure from the previous position of only utilizing post-payment audits. Further, this round of audits is in addition to the post-payment audit process that was announced by CMS last year.

In order to prepare for possible future audits, CMS recommends that providers save all documentation that supports the data they submitted when applying for the EHR incentive program. Moreover, providers should work with their compliance counsel to have their compliance program pre-audited as part of the preparation process.

Photo of Robert E. Slavkin Robert E. Slavkin

Robert Slavkin is the chair of the Healthcare Practice Group, a multidisciplinary team recognized nationally for representing sector participants in regulatory compliance, insurance, and transactional issues. A former healthcare corporate counsel, compliance, and privacy officer for a publicly traded healthcare company, Robert represents…

Robert Slavkin is the chair of the Healthcare Practice Group, a multidisciplinary team recognized nationally for representing sector participants in regulatory compliance, insurance, and transactional issues. A former healthcare corporate counsel, compliance, and privacy officer for a publicly traded healthcare company, Robert represents a variety of clients within the healthcare sector, providing guidance on complex issues and compliance with all appropriate federal and state statutes and regulations. These include federal anti-kickback, Stark laws, Medicare, Medicaid, HIPAA, and FDA regulations, as well as providing guidance on daily operational and compliance issues facing healthcare entities. Robert has significant experience with the Affordable Care Act and the ever-evolving role accountable care plays in U.S. health reform. Additionally, Robert counsels clients on Medicare Managed Care and the Part D programs. He possesses a keen understanding of the momentous legislative changes of this sector as well as potential resulting implications.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

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