Lexology December 15, 2023
On November 1, 2023, the Centers for Medicare & Medicaid Services (CMS) and Office of the National Coordinator for Health Information Technology (ONC) at the Department of Health and Human Services (HHS) issued the “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking” proposed rule (Proposed Rule). Comments are due by January 2, 2024.
Overview
The Proposed Rule would implement the provision of the 21st Century Cures Act (Cures Act) specifying that a health care provider that the HHS Office of the Inspector General (OIG) determines has committed information blocking would be referred to the appropriate agency for appropriate disincentives.
In the Proposed Rule, HHS outlines the process for OIG’s investigation of a...