Lexology January 18, 2024
The Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) recently released a final rule (88 FR 42820) for information blocking penalties and subsequently proposed a rule (88 FR 74947) to establish disincentives for healthcare providers found by OIG to have committed information blocking.
The final rule does not impose new information-blocking provisions, but establishes civil monetary penalties (“CMPs”) for certain actors up to $1 million per violation pursuant to the 21st Century Cures Act for “any practice that is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information (“EHI”). Penalties may be imposed on developers of certified health information technology (“IT”), health information exchanges (“HIEs”), and health information networks...
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