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ICYMI: Peter Thurman discusses medical practice meaningful use incentives and CMS audits in Business First of Louisville

Did you miss this Legal Forum Column in Business First of Louisville? Bingham Greenebaum Doll LLP attorney Peter L. Thurman Jr. discussed medical practice meaningful use incentives and if those payments must be returned if a CMS audit uncovers errors.

Read on below to get caught up, and catch our monthly Legal Forum column in your copy of Business First of Louisville!

If my medical practice received meaningful use incentive payments, could they be recouped if a CMS audit uncovered errors?

The meaningful use incentive program provides financial incentives to eligible hospitals and professionals for the “meaningful use” of certified electronic health record technology to improve patient care, if providers attest that they meet all program requirements.

To ensure accuracy of the attestation data and satisfaction of program requirements, CMS intends to audit, on-site or remotely, a percentage of providers receiving payments. If an audit finds a provider does not meet the requirements, the provider must return all incentive payments. CMS indicated it will not penalize providers for minor errors in their documentation.

One problem area in these audits is whether a provider conducted a HIPAA security risk assessment. If a provider attested to but did not conduct such an assessment, CMS can recoup all incentive payments, even if the provider documented all other requirements properly. To prepare for any audit, providers should maintain (and review) all documentation related to the attestation process.

  • Partner

    Peter Thurman has more than 10 years of corporate law experience where he concentrates his practice in the areas of health care and insurance law. He regularly represents a variety of public and private companies, primarily health ...



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