The U.S. Department of Justice is joining a whistleblower lawsuit against electronic health records vendor Modernizing Medicine

The U.S. Department of Justice is joining a False Claims Act lawsuit against a major electronic health records company ModMed, alleging it did not comply with the requirements for certification under the EHR incentives programs and lied to certifying bodies about compliance. All of this lead to inaccurate upcoding and in certain cases, put patient health at risk.

A former ModMed executive filed the whistleblower complaint, which a federal district court in Vermont unsealed last week nearly five years later.

That executive Amanda Long, who joined ModMed as a product director in 2014 and resigned in 2017 as vice president of product management.

The filing signaling the DOJ’s intention to intervene in the case names ModMed CEO Daniel Cane and Chief Medical Officer Michael Sherling, M.D., as defendants alongside the company itself.

The original complaint may be viewed here: file:///C:/Users/JNewman/Documents/Long-ex-rel-US-v-Modernizing-Medicine-Daniel-Cane-qui-tam-complaint.pdf The whistleblower is represented by Phillips and Cohen law firm.

Jeffrey Newman is a whistleblower lawyer with the firm Newman & Shapiro.