Manatt Health August 31, 2023
More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face civil monetary penalties (CMPs) for engaging in conduct deemed to be information blocking.
The Office of the National Coordinator for Health IT (ONC) released its final Information Blocking Rule in 2020, defining “information blocking” as certain practices that interfere with the access to, exchange of or use of electronic health information (EHI); in June, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) finalized its rule establishing monetary penalties for violations of the ONC rule.
Entities that could face penalties—in the form...