Photo: Department of Veterans Affairs, afagen/Flickr, licensed under CC BY-NC-SA 2.0
The U.S. Department of Justice has indicted John H. Windom, former executive director of the Department of Veterans Affairs' Office of Electronic Health Record Modernization, on three counts of concealing facts, making false statements and falsifying documents in his failure to report vendor gifts, the law enforcement agency said.
The DOJ said Windom was receiving "and sometimes demanding, extravagant gifts from a group of contractors and subcontractors" who worked on the $16 billion Cerner EHR contract, one of the largest in the federal government, when he was leading the program.
Meanwhile, a congressman asked VA Secretary Doug Collins by letter to answer questions about rumors related to the sale or divestiture of Oracle Health.
WHY IT MATTERS
Windom, who would be required to report these gifts, allegedly concealed them from the VA, executive branch ethics officials and the public, according to the DOJ announcement on Friday.
"As alleged, the defendant exploited his senior position for personal gain and concealed gifts and financial relationships that created serious conflicts of interest in the healthcare of our nation's veterans," U.S. Attorney Jeanine Ferris Pirro, assistant director in charge, said in the statement.
"Such conduct is not only a betrayal of the public trust – it undermines confidence in the institutions dedicated to serving those who have sacrificed for this country."
In addition to the U.S. Attorney's District of Columbia office, the FBI's Washington Field Office helped to investigate the alleged falsification of records and documents, charges that the DOJ said carry a statutory maximum sentence of 20 years in prison, while the alleged charge of making false statements would add another five years maximum (per charge).
Windom could face financial penalties as well, said the DOJ.
THE LARGER TREND
In 2018, the VA initiated a massive 10-year contract with Cerner to replace its legacy VistA EHR with a new platform that would align with the Department of Defense's and Coast Guard's EHRs.
Following a rocky 2020 go-live at Mann-Grandstaff VA Medical Center in Walla Walla, Washington, the VA EHR Modernization program faced intense scrutiny over patient safety issues, training problems and clinical productivity declines.
The following year, the government awarded Cerner an additional $134 million to address system problems and complete deployment.
Then, in 2022, Oracle acquired Cerner for approximately $28.3 billion.
The VA EHR continued to experience glitches at VA medical centers where it had previously been rolled out, and the program continued to fall under the OIG's scrutiny for failure to complete fixes and ongoing problems.
Despite these challenges, the VA said it plans to roll out its new Oracle Health EHR to multiple medical centers this year, amid rumors the tech giant is considering a sale or divestiture of this unit of business.
In a letter dated March 20 to Collins shared with Healthcare IT News, Rep. Michael Baumgartner, R-Wash., asked the VA secretary for clarification on the rumors and for specific details on how such a change might affect the new EHR, and VA facilities like Mann-Grandstaff that are already using it, by March 27.
"What assurances, if any, can Oracle provide that veterans' access to reliable, secure and interoperable health records – and uninterrupted clinical care – will not be adversely affected, particularly at facilities that have already experienced significant implementation challenges?" Baumgartner asked.
ON THE RECORD
"This indictment sends a clear message that the VA OIG is committed to holding individuals accountable, including VA employees who are alleged to have misused their position of public trust for personal gain," said Cheryl Mason, VA inspector general, in a statement.
Andrea Fox is senior editor of Healthcare IT News.
Email: afox@himss.org
Healthcare IT News is a HIMSS Media publication.
