HHS-OIG Releases Final Rule Implementing Information Blocking Penalties

Lexology August 3, 2023
Crowell & Moring LLP

On June 27, 2023, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) issued a final rule (“OIG Final Rule”) that implements statutory provisions for its enforcement of the information blocking penalties created by the 21^stCentury Cures Act (“Cures Act”) and assessment of civil money penalties (“CMPs”) of up to $1 million per violation of information blocking for certain individuals or entities subject to the information blocking requirements.

Under the final rule, enforcement of the information blocking penalties will begin September 1, 2023. This means, OIG will not impose penalties on conduct occurring before September 1, 2023.

In addition to authorizing OIG to investigate claims of information blocking and providing the Secretary of the Department of...

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