Lexology July 17, 2024
On June 24, 2024, the Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) released a final rule that disincentivizes healthcare providers from knowingly interfering with, preventing or materially discouraging the access, exchange or use of electronic health information (EHI) unless required by law or regulation. This is the first time HHS has implemented disincentives for providers who block EHI. The disincentives are financial penalties that reduce Medicare reimbursement that providers are eligible to earn.
The Final Rule builds upon the 21st Century Cures Act. The Cures Act established a different sanctions process for providers through the imposition of “distinctives” rather than civil monetary penalties (CMP). The U.S Department of...
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