CHA News

Penalties Proposed for Health Information Blocking

What’s happening: A long-awaited proposed rule from the Office of the National Coordinator for Health Information Technology establishes provider disincentives for information blocking.  

What else to know: Hospitals found to engage in this activity would not meet meaningful use requirements. Comments on the proposed rule are due Jan. 2. 

The Department of Health and Human Services (HHS) Office of the National Coordinator (ONC) for Health Information Technology has released its long-awaited proposed rule establishing information blocking disincentives for providers, as required by the 21st Century Cures Act.  

Under the proposed rule, hospitals and critical access hospitals that HHS’ Office of Inspector General determines have committed information blocking would be referred to the Centers for Medicare & Medicaid Services.  

As a result, they would be ineligible to meet the requirements as a meaningful user of electronic health record technology under the Medicare Promoting Interoperability Program. Physicians would face similar penalties under the Medicare Quality Payment program, and participants in accountable care organizations would be ineligible to participate in the Medicare Shared Savings program for at least one year.  

Comments on the proposed rule are due Jan. 2. Additional information is available in an ONC fact sheet, and an informational webinar is scheduled for Nov. 15.