More Roadblocks For Information Blocking: HHS Finalizes Rule Establishing Disincentives for Hospitals, Clinicians, and ACOs

Lexology July 25, 2024
McCarter & English LLP

On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This rule further implements the 21st Century Cures Act by allowing the Centers for Medicare & Medicaid Services (CMS) to impose disincentives on certain healthcare providers that the Office of Inspector General (OIG) has determined committed information blocking.

Information blocking, under 45 CFR 171.103, is a practice conducted by a healthcare provider that is likely to interfere with access to, exchange of, or use of electronic health information. OIG has informally advised that when investigating whether a provider has committed information blocking, it will consider: (i) actual or potential...

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