HHS Final Rule Overview: Disincentives for Health Care Providers That Have Committed Information Blocking

Lexology July 29, 2024
Hall Render Killian Heath & Lyman PC

On June 24, 2024, the Department of Health and Human Services (“HHS”) released a final rule implementing disincentives for health care providers who are found by the Office of Inspector General (“OIG”) to have engaged in information blocking practices as defined under the 21st Century Cures Act. This rule establishes a framework for the Centers for Medicare & Medicaid Services (“CMS”) and the Office of National Coordinator for Health Information Technology (“ONC”) to impose penalties on providers that the OIG determines have committed information blocking. The final rule will be effective 30 days after the date of publication in the Federal Register.

In finalizing the disincentives, CMS clarified its role is to impose appropriate disincentives on health care providers upon...

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