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Image: Kirschenbaum & Kirschenbaum, P.C.
Image: Kirschenbaum & Kirschenbaum, P.C.

Since 1977, Kirschenbaum & Kirschenbaum, has provided the highest quality legal advice and services, whether litigous or transactional.

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EHR Meaningful Use Audits - CMS wants its money back!

December 3, 2015

Question:

Jennifer,

An accounting firm contacted me and asked for documentation confirming I qualified for my meaningful use payments.  They are saying I have to return the money.  What should I do?

Dr. G
Answer:

Meaningful use payment audits are not new.  We have been seeing them for a few years now.  The bad news is the auditors are paid based on recoupment, so they are not interested in being shown you have met the standards.  The good news is the qualifications in the first instance were pretty specific, so if you attempted to comply and have decent records, you will likely prevail under the microscope.  The important lesson to learn here is to keep good records in your compliance measures.  If you took the time to certify you qualify for the meaningful use incentive payments, you or your affiliated vendor contracted to assist you, should have some sort of tabulation of metrics you met to qualify in the first place.  DO NOT WAIT to dig up your support.  Most of the problems I see in these audits is many of my clients wait until the last minute to even look at the audit request, and then deadlines are missed and the auditors are out for blood with collection efforts.  Be organized in your response, and keep great records.  You also would benefit from representation, so your presentation is professional, your office is kept out of communications and you will be less likely to be pushed around.  

 
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Looking for HIPAA and compliance forms?  
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Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.

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Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
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