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January 29, 2021 The United States Department of Justice (DOJ) announced Thursday that Athenahealth (Athena) will pay $18.25 million to resolve kickback allegations. The case was unsealed on the same day.
The U.S., on behalf of two separate sets of complainants, alleged that Athena violated the False Claims Act and federal Anti-Kickback Statute through its conduct in marketing programs for its electronic health records (EHR) technology. Geordie Sanborn was the complainant of the first suit, while Cheryl Lovell and William McKusick brought the other suit, with the U.S. becoming the plaintiff on behalf of the individuals through the False Claims Act’s (FCA) “whistleblower” provisions.