Meaningful Disincentives: Proposed Rule Introduces New Consequences for Information Blocking by Health Care Providers

Lexology November 7, 2023
Ropes & Gray LLP

On November 1, 2023, the U.S. Department of Health and Human Services (“HHS”) Office of the National Coordinator for Health Information Technology (“ONC”) and the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule in the Federal Register titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking” (the “Proposed Rule”).¹ Conceptually, information blocking is an “information sharing” mandate for certain stewards of electronic health information (“EHI”)—specifically, developers of federally certified health information technology (“health IT”), health information exchanges and health information networks (“HIE/HINs”), and health care providers (collectively, “Actors”)—when such sharing is legally permissible and there is no information blocking exception that would permit the Actor not to share the...

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