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The Department of Health and Human Services Office of the Inspector General (OIG) has issued its final rule on the enforcement of information blocking penalties for health information technology developers and health information exchanges and networks. A second proposed rule establishing information blocking disincentives for providers is expected in early fall.
The final rule established civil monetary penalties ranging from $10,000 to $1 million. The OIG says that it will take multiple factors into account when issuing penalties, including the nature and extent of the information blocking, the number of patients affected and the number of providers affected, the number of days the information blocking persisted, and the resulting harm. The final rule also establishes an appeal process for entities subject to enforcement actions.
