Lexology May 29, 2020
A pair of final rules were published May 1, 2020, by the Department of Health and Human Services. The first rule issued by the Office of the National Coordinator for Health IT (“ONC”) relates to the 21st Century Cures Act information blocking provisions and the ONC Health IT certification program (“Info Blocking Regulations”). The second rule issued by the Centers for Medicare & Medicaid Services (“CMS”) relates to interoperability of health information technology and patient access. This alert focuses on the impact of these two regulations on health care providers.
The 21st Century Cures Act (the “Act”) contained provisions prohibiting information blocking. The Act directed the Secretary of Health and Human Services to adopt regulations that identify reasonable and necessary...