HHS Proposes Rule to Establish Disincentives for Health Care Providers that have Committed Information Blocking

HHS Proposes Rule to Establish Disincentives for Health Care Providers that have Committed Information Blocking

HHS requests public comment by January 2, 2024

The U.S. Department of Health and Human Services (HHS) today released a proposed rule for public comment that would establish disincentives for healthcare providers found by the HHS Office of Inspector General (OIG) to have committed information blocking – when a provider knowingly and unreasonably interferes with the access, exchange, or use of electronic health information except as required by law or covered by a regulatory exception. The proposed rule, which reflects contributions from throughout the department, implements the HHS Secretary’s authority under section 4004 of the 21st Century Cures Act (Cures Act).

The proposed rule released today complements OIG’s rule that established information-blocking penalties for the other actors identified by Congress (health information technology (IT) developers of certified health IT or other entities offering certified health IT, health information exchanges, and health information networks).

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