The Department of Health and Human Services (HHS), Office of Inspector General (OIG), announced on June 27, 2023, an amendment to the civil money penalty (CMP) regulations under the Information Blocking Rule.
This significant development, lodged on the OIG’s official website, incorporates new CMP authority and elevates the maximum penalties associated with specific CMP violations. Formal publication of the final rule took place in the Federal Register on July 3, 2023.
For legal professionals engaged in the healthcare sector, this move denotes an intensification of regulatory involvement in the information handling and sharing practices. As such, corporations and law firms alike will be expected to ensure strict compliance with the new directives, to guard against the risk of substantial civil penalties.
The enactment of the final rule not only serves to regulate practices but, moreover, exemplifies the unwavering commitment of the HHS and OIG to ensure transparency and accountability in healthcare information management. The reinforced CMP architecture is a practical manifestation of these principles.
Further insights into the specifics of the changes implicated by this final rule, including concrete elaborations of “new CMP authority” and which violations will attract “increased penalties”, are likely to unfold as the industry navigates these regulatory transitions.