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Category: Legal
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Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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What happens if a doctor in the state of Maryland (a plastic

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What happens if a doctor in the state of Maryland (a plastic surgeon who participates with Medicare and other insurances) purchases an EMR, fulfills the necessary requirements for the first year, receives a reimbursement in the amount of $18,000.00 from Medicare, and then decides not to use the EMR any more? Does the physician have to return the money that he was paid for the EMR to Medicare?


Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification


If a physician accepts payments, but does not demonstrate use of the system, penalties can be assessed, as payments for the use are given during the first years,


In order to qualify for the Stimulus incentive payments, doctors have to demonstrate three things:

  • Purchase /use of a “certified” EHR product (meeting HHS standards) that has an ePrescription capability

  • Connected access to a patient’s full health history via electronic connectivity to other health providers

  • The ability to report on the providers technology use to HHS


The HiTech Act allocates $36 billion for incentive payments to healthcare providers who demonstrate use of Electronic Health Records (EHR). There are two allocation programs, one for physicians who have many Medicaid patients, and a second program for those who accept Medicare.

Medicaid providers: Doctors in practices where 30% percent of their patients pay via Medicaid, are eligible for a payment of $64,000 over five years. (for pediatricians, the required percentage of Medicaid patients is only 20%)

Medicare providers: Doctors who accept Medicare patients (even if they do not accept Medicaid) can receive payment of up to $44,000 over five years.


Since the incentive is for five years, if the doctor stops using the EMR, they can face significant penalties.

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