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A national electronic health records software vendor (ECW) rather than programming all the required standardized drug codes into its software allegedly "hardcoded" into its software only the drug codes required for testing. As a result of the deficiencies in its software, ECW allegedly caused physicians who used its software to submit false claims for federal incentive payments. Could this be a False Claims Act violation if ECW caused its certifying agency to certify its product when it was not compliant?

A. Yes
B. No

1 Answer

6 votes

Final answer:

If ECW knowingly "hardcoded" insufficient drug codes leading to false claims, this could constitute a violation of the False Claims Act. Historical precedents demonstrate the seriousness of submitting false information to certification agencies.

Step-by-step explanation:

Under the False Claims Act (FCA), any individual or company that knowingly submits, or causes another entity to submit, false claims for government funds or property can be held liable. In the context of a national electronic health records software vendor (ECW), if it is proven that ECW intentionally "hardcoded" only the drug codes required for testing rather than all necessary standardized drug codes, leading to the submission of false claims, this could indeed be a violation. The act of deceiving the certifying agency by making them believe the software was compliant when it was not, essentially constitutes a false representation and could potentially lead to the submission of fraudulent claims for federal incentive payments.

The case you mentioned about Vitarine Pharmaceuticals and the Bolar Pharmaceutical Company demonstrates historical instances where the submission of falsified data to certifying agencies resulted in legal action, underlining the serious nature of such offenses. Within the realm of software engineering, entities such as the IEEE Computer Society have put forth a Software Engineering Code of Ethics, compelling professionals to approve and certify only software that meets specific standards, asserting the responsibility of software engineers towards public well-being.

User Andrew Clark
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