• Massachusetts Opines On Electronic Health Record Donations
  • October 24, 2013 | Authors: Richard S. Cooper; Jenny McGovern; Jane Pine Wood
  • Law Firms: McDonald Hopkins LLC - Cleveland Office ; McDonald Hopkins LLC - Chicago Office ; McDonald Hopkins LLC - Cleveland Office
  • While not necessarily the model of clarity or guidance for clinical laboratories being asked to make Electronic Health Record (EHR) donations, the Massachusetts Department of Public Health (MDPH) has issued an opinion regarding EHR donations.

    Specifically, the MDPH opined that MGL c 111D, Section 8(4), the Massachusetts law relating to the referral of specimens to a clinical laboratory, is implicated, not necessarily violated, when a clinical laboratory makes an EHR donation to a referring physician. This law specifically states “A clinical laboratory shall not: offer or give a commission, rebate, or other fee, directly or indirectly to any person as consideration for the referral of a specimen derived from a human body to a clinical laboratory for examination by such laboratory.”

    Whether an arrangement involving a clinical laboratory licensed in Massachusetts making a monetary donation to a physician to cover up to 85 percent of the cost of that physician’s EHR which results in the recipient physician either continuing a referral arrangement with the laboratory or subsequently initiating an arrangement for referral of specimens to the donating laboratory for analysis violates this law, however, is “fact-specific and made after review of the particular investigative findings.”