Lexology July 13, 2023
Mintz

Though there has been much speculation and commentary among industry stakeholders, the Office of Inspector General (OIG) and the Office of the National Coordinator for Health Information Technology (ONC) have not yet begun enforcing statutory penalties associated with violations of the Information Blocking Rules. On July 3, 2023, OIG and the Department of Health and Human Services (HHS) took a significant step toward enforcement of these penalties when they published long-awaited civil monetary penalty (CMP) final rule (CMP Final Rule) for certain Information Blocking Actors in the Federal Register.

The portion of the CMP Final Rule dedicated to information blocking CMPs is effective 60 days after publication of the CMP Final Rule, or September 1, 2023. Once the CMP Final...

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