Lexology July 27, 2023
Developers of certified health IT, health information exchanges, and health information networks may be penalized up to $1 million per violation
The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced its final rule (the Enforcement Rule) implementing the information blocking penalties created by the 21st Century Cures Act that prohibit health care providers from blocking or interfering with patient access to any electronic information in a “designated record set,” as the term is defined under HIPAA.[i] Those at risk of facing these long-awaited, OIG-imposed penalties are limited to the following actors:
(1) health IT developers of certified health information technology (“health IT”) (including entities that offer certified health IT),
(2) health information exchanges (“HIEs”),...
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