Is not protecting Electronic Health Record (EHR) in downstream storage considered fraud?

Electronic Health Record (EHR) that are not properly put in BAA and not properly stored can be deemed improper and fraudulent:

Companies that gather and sell electronic health records systems and services may face liability for downstream improper storing and use of data.  It requires having downstream agreements, such as business associate agreements (BAA), even with affiliated and subsidiary companies.  It also requires maintaining systems that meet government certification standards. In addition, providers and hospitals may face liability for fraudulently claiming EHR incentive payments, or for submitting fraudulent bills based on EHR systems designed to improperly increase reimbursements.  EHR marketing may also implicate unlawful kickbacks and other improper financial relationships. Healthcare employers and healthcare whistleblowers are on the lookout for electronic healthcare record fraud. 

For Personalized Attention Of Legal Counsel

Available by Appointment
Contact Us for an Initial Review and Consultation

If you are a physician, nurse, dentist, pharmacist, hospital, physician group, or medical lab looking for legal advice then you’ve reached the right site. Today’s healthcare environment is riddled with complex issues of professionalism, market strategy, and the law. Contact us now!


Office Location
401 E. Las Olas Blvd.
Suite 1400
Fort Lauderdale, FL 33301
Call or Text: 954-634-2370
Office: 954-634-2370
Email: [email protected]

Mailing Address
6100 SW 6 Street
Plantation, FL 33317