Penalties for information blocking by health care providers begin taking effect at the end of July

Lexology July 18, 2024
Reed Smith LLP

On July 1, the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) released a final rule, linked below, to adopt penalties (referred to as “disincentives” in the rule) for health care providers that are found to have engaged in what is referred to as “information blocking,” any practice that interferes with, prevents, or materially discourages access, exchange, or use of electronic health information, These rules arise from 21st Century Cures Act (Cures Act), signed into law in 2016 and designed to help accelerate new innovations and advances in the delivery of patient care by promoting electronic health information exchange.

Last year, the U.S. Department of Health and Human Services...

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