HHS Finalizes Disincentives for Healthcare Providers That Have Committed Information Blocking

JD Supra July 5, 2024
King & Spalding King & Spalding

Last week, HHS published its final rule outlining disincentives for certain healthcare providers that have committed information blocking (the Final Rule). The Final Rule also provides information related to OIG’s investigation of claims of information blocking and establishes a process by which information will be shared with the public about healthcare providers and other actors (e.g., health IT developers or other entities offering certified health IT, health information exchanges, and health information networks) that OIG determines have committed information blocking.

Information Blocking Disincentives

The 21st Century Cures Act (Cures Act) states that sharing electronic health information (EHI) is expected throughout the health care industry. Information blocking occurs when an “actor” interferes with the access, exchange, or use of EHI. Actors...

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