What's the alternative?
If you are going to tell physicians they are not allowed to use a technique that boosts their productivity by reducing redundant data entry, you had better have a better alternative to offer them. Template-driven systems might be it, although there's the same issue of potentially including too much boilerplate material and not correcting enough for the exceptions.
I was just speaking about this issue with Peter Basch, Medical Director, Ambulatory EHR and Health IT Policy at MedStar Health, who said he worries that tests for fraud based on multiple medical notes being too similar to each other conflict with another best practices trend in medicine - the use of checklists by physicians who are trying to make sure they provide care more consistently. Reducing variation can be one way of achieving higher quality. But if the government really goes to war over copy-and-paste medical records, it could wind up punishing consistency.
Both the productivity techniques and the scrutiny over their misuse need to be applied sensibly. Vigalance against true fraud can't be allowed to sabotage legitimate efforts to make the use of EHRs more productive.