The federal suit against ECW was brought in the District of Vermont by Brendan Delaney, a software technician formerly employed by the New York City Division of Health Care Access and Improvement. Under the whistleblower provision of the False Claims Act, Delaney will receive $30 million.
The suit alleges that ECW falsely obtained certification for its EHR when it concealed from the certifying body that its software did not comply with the certification requirements. For example, to meet the criteria for the inclusion of standardized drug codes, the company programmed only the 16 drug codes needed for certification, the suit said.
In addition, ECW’s software did not accurately record user actions in an audit log and in some cases did not reliably record imaging orders or perform drug interaction checks. Moreover, the software did not satisfy data portability requirements to allow healthcare providers to transfer patient data from ECW’s EHR to the systems of other developers, the Justice Department said.