Lexology April 29, 2020
The HHS Office of the Inspector General (OIG) published proposed regulations in the Federal Register on April 24, 2020 regarding its civil monetary penalty (CMP) enforcement authority under the new information blocking rules (the “OIG Proposed Rule”). Information blocking is a practice by certain “actors” that, among other things, is likely to interfere with access, exchange, or use of electronic health information. As discussed below, the OIG is specifically seeking comment on when OIG will commence enforcement of the information blocking rules, and on what would constitute a “single violation” for purposes of determining appropriate penalties. Interested parties may submit comments on the OIG Proposed Rule, which are due by June 23, 2020.
On May 1, 2020, the final rules...
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