Amanda Long, a former Vice President of Product Management at Modernizing Medicine Inc. (ModMed), filed a qui tam, or whistleblower, action in September 2017. She filed an amended complaint in May 2021, and the U.S. intervened in the case in March of this year. Now, Long will receive $9 million as part of a $45 million settlement ModMed will pay to resolve allegations that it violated the False Claims Act.
“ModMed is a privately owned vendor of health information technology including integrated electronic health record (“EHR”) software,” according to the settlement agreement. The U.S. alleged that ModMed “violated the FCA and the Anti-Kickback Statute through three marketing programs,” the U.S. Department of Justice (DOJ) press release states.
The Anti-Kickback Statute (AKS) “prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs,” according to the press release. The U.S. alleged that ModMed:
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