Lexology November 8, 2023
The U.S. Department of Health and Human Services (HHS) has just unveiled a proposed rule designed to penalize health care providers engaging in information blocking. Information blocking is a practice where health care providers interfere with the access or use of health information — impeding the flow of critical patient data. Under the proposed rule, a single information blocking violation could result in stiff penalties for providers who participate in the Medicare Merit-based Incentive Payment System (MIPS) or the Shared Savings Program.
Between April 5, 2021 and September 2023, the Office of the National Coordinator for Health Information Technology (ONC) received 812 reports of possible information blocking. Most of these reports were submitted by patients, with health care providers being...
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