Lexology July 11, 2024
Nelson Mullins Riley & Scarborough LLP

Healthcare providers are facing penalties for blocking access to a patient’s electronic health information under a new Biden administration rule.

On June 24, the U.S. Department of Health and Human Services (HHS) finalized a rule (RIN: 0955 – AA05) that penalizes hospitals in the Medicare Promoting Interoperability Program that block health information sharing by stripping their meaningful electronic health record user status. “Meaningful use” carries financial incentives. Hospitals that commit “information blocking” can be prevented from earning 75% of their annual market-based increase.

Accountable Care Organization health providers caught blocking information may be banned from the Medicare Shared Savings Program for at least a year, cutting off a revenue stream.

Penalties apply to providers that the HHS Inspector General determines...

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Topics: EMR / EHR, Govt Agencies, Health IT, HHS, HIE (Interoperability), Provider, Technology
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