Bass, Berry & Sims attorney Brian Roark was quoted in a BNA article relating to whether CMS’ proposed rule under the Merit-Based Incentive Payment System (MIPS) requiring healthcare providers to attest that they have not taken actions to limit or restrict the compatibility or interoperability of certified EHR technology could open up the providers to False Claims Act (FCA) liability. Brian noted that while the attestation could make FCA liability more likely in theory, he believed the government will have a difficult time proving that a provider violated the information blocking provisions of the MIPS rule.

The full article, “CMS Opens Door to False Claims Cases Against Docs Blocking Data,” was published by Bloomberg BNA on April 29, 2016, and is available online.