HHS Issues Provider Information Blocking Disincentives Proposed Rule

Lexology November 14, 2023
McDermott Will & Emery

On October 30, 2023, the US Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) and the Centers for Medicare & Medicaid Services (CMS) released a long-awaited proposed rule to implement a 21st Century Cures Act provision establishing penalties (called “appropriate disincentives”) for health care providers determined by the HHS Office of Inspector General (OIG) to have committed information blocking. Health care providers have been subject to the information blocking regulations since April 5, 2021, but there has been no enforcement mechanism under the Cures Act to date.

In Depth

KEY TAKEAWAYS

• While the HHS proposed rule moves the industry one step closer to enforcement of the information blocking regulations against...

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