Information Blocking Enforcement Penalties Begin Sept. 1, 2023

Holland & Knight July 18, 2023
Elizabeth Neal Pitman | Eddie Williams III | Sakinah N. Jones

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently posted the final rule establishing civil monetary penalties (CMPs) for information blocking (IB Enforcement Rule). The Rule implements OIG’s authority to investigate claims of information blocking and HHS’ authority to impose CMPs on health information technology (IT) developers of certified health IT, entities offering certified health IT, health information exchanges (HIEs) and health information networks (HINs). Enforcement of information blocking CMPs begins Sept. 1, 2023. The IB Enforcement Rule does not change or create any new information blocking requirements or establish disincentives for healthcare providers.

Among highlights:

• The IB Enforcement Rule applies to health IT developers of certified health IT, entities offering certified health...

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