Lexology December 20, 2023
Day Pitney LLP

On October 30, the U.S. Department of Health and Human Services (HHS) issued a proposed rule (the Proposed Rule) detailing HHS initial set of disincentives to hold healthcare providers accountable for information blocking. If finalized, this initial set of disincentives would apply to Medicare-enrolled providers and suppliers that the HHS Office of Inspector General (OIG) determines have committed information blocking. The deadline for comments on the Proposed Rule is January 2, 2024.

  1. Federal Information Blocking Provision Background

The federal Information Blocking Provision (42 U.S.C. § 300jj-52) and its implementing regulations published by the Office of the National Coordinator for Health Information Technology (ONC) (the Information Blocking Provision) was enacted as a result of concerns that certain...

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