eClinicalWorks (incl. healow)

In May 2017 eClinicalWorks (eCW) and three of its founders agreed to pay $155 million. At the time it was the largest False Claims Act settlement against an EHR vendor. DOJ alleged that eCW got its software federally certified by hiding that it did not meet the requirements. To pass the drug-code test, it allegedly hardcoded only the 16 codes the test used. DOJ also alleged that the software did not reliably record user actions in audit logs, sometimes failed to record diagnostic imaging orders or run drug-interaction checks, and could not meet data-portability rules. These are allegations; DOJ stated there was no determination of liability. Separately, patients and caregivers using eCW / healow services today agree to eCW Terms of Use (updated April 3, 2026). Those terms send 'any and all' disputes to binding AAA arbitration in Boston with a three-arbitrator panel, bar class claims, and require claims to be filed within one year.

• Severity
• Evidence tierUnassigned
• Claims confirmed
• Last verified2026-10-15

Primary source. www.justice.gov/archives/opa/pr/electronic-health-records-vendor-pay-155-million-settle-false-claims-act-allegations — Unverified - heuristic first draft.

Arbitration

Yes, for users of the Services and the 'Affiliated Services' (expressly including Healow, LLC). Section 18 sends 'any and all controversies, claims, or disputes' to binding AAA arbitration in Boston, and users 'expressly waive your right to pursue all controversies, claims, or disputes in court'. Section 19 waives class and consolidated claims. Section 21.6 sets a one-year deadline to bring claims. Section 13.2 disclaims liability 'even in the event of fault, tort (including negligence and gross negligence)'. The terms also apply to people acting for a minor, a caregiver, or a Provider. Provider customers have separate Customer Documents, which control where they conflict; the practice contracts themselves were not public and not reviewed. This mirrors the patient-arbitration pattern recorded in the MyChart (Epic) row.

Data sharing

The eCW privacy policy (effective Jan 1, 2023; updated Apr 3, 2026) says eCW may share personal information with affiliates 'such as Healow, LLC' without authorization. It says eCW 'does not generally sell' personal information but may share identifiers and internet activity with advertising and marketing partners, generally hashed or pseudonymized. An opt-out is available through 'Your Privacy Choices'.

Contacts

Privacy contact. eCW Chief Privacy Officer ('privacy-office' address per Section 17 of the privacy policy; exact email not captured)

Legal notice. eClinicalWorks, LLC, 2 Technology Drive, Westborough, MA 01581 (Attn: Chief Privacy Officer). This is the address printed in the vendor's privacy notice, which is not necessarily the registered agent for service of process. For formal legal notice, check the notice clause in the practice's signed customer agreement and the Secretary of State registered-agent record in the state of incorporation.

Mailing address. Not recorded.