HHS Finalizes Rule Establishing Significant Financial Penalties for Information Blocking by Healthcare Providers

Lexology July 11, 2024
Greenbaum, Rowe, Smith & Davis LLP

On June 24, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule establishing stringent financial penalties, referred to as “disincentives,” for healthcare providers found to have committed information blocking.

In instances where the HHS Office of Inspector General (OIG) finds a healthcare provider has committed information blocking and refers the matter to the Centers for Medicare and Medicaid Services (CMS), HHS has established several disincentives to be applied as follows:

• Under the Medicare Promoting Interoperability Program, an eligible hospital or critical access hospital (CAH) that has committed information blocking will not be a meaningful electronic health record (EHR) user during the calendar year of the EHR reporting period in which OIG refers its determination...

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