EHR incentive money

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bobbybee22

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So my boss is sort of a jerk so I decided to restrict his access to my EHR incentive money by changing my PECOS password. He said if I didn't comply he would sue me for the full amount, 18k, that he would lose (technically not gain). I'm pretty sure that's not kosher, anyone have thoughts on this?

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What does your contract say? Are you required to surrender all revenues associated with your work in his practice, or only revenues associated with billing for patient care?

I take this relationship is not going well and that you are not planning to staying with this employer. How soon do you plan to exit?

I doubt he could sue you for keeping funds since you are not receiving the money either, are you? Not providing him with a password to presumably apply for funds under your name and NPI as your employer isn't the same as your accepting the funds yourself but not turning them over to him.

How exactly is he being a jerk? Is he breaching your contract? Has he been deceptive and made promises and representations he is now disowning? Do you suspect he will secure the payment, dismiss you after and then hire someone else and try to get stimulus money with that person also?

I am curious. Tell.
 
I doubt he would win a lawsuit unless it is specified in your contract. Since the reimbursements are associated with your tax identifier/NPI, it is to your benefit to retain a nonregistered (for EHR incentive) status. That way, if you start your own practice with EHR, you would maximize your reimbursement. Or, if you join another group, you could try to negotiate EHR reimbursement.

If you are leaving, you need to carefully review your contract. Have a good exit strategy and hire a lawyer now. If there is already bad blood, the departure will not go smoothly. The sticking points will be (1) who pays tail coverage for claims based malpractice (2) non-compete if you stay in the area (3) informing your patients of your departure (4) getting paid.

Document everything.
 
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