On July 3, 2023, the Office of Inspector General (OIG), a part of the US Department of Health and Human Services, put into motion a final rule outlining the use of Civil Monetary Penalties (CMP) against unlawful acts of information blocking.
Implemented under the OIG’s jurisdiction, this rule authorizes CMPs of up to $1 million for cases involving harmful restrictions on the access, exchange, or use of electronic health information. These penalties had previously been proposed in their draft rule, but after careful review and a public commentary period, the rule was recently finalized and is now in effect.
The concept of information blocking incorporates any practice that is likely to interfere with the access, exchange or use of electronic information. It extends to the domains of health information networks, healthcare providers, and health information technology developers. Under this new rule, those who control and limit the availability of this information can potentially face these significant penalties.
By taking this step, the OIG has reinforced its determination to take punitive actions against information blocking. The new rule is a reminder for all involved parties to review their data sharing practices and ensure they are in line with the rule’s standards for access, exchange, and use of electronic health information.
Information blocking is a serious issue for the OIG and this rule illustrates their commitment to curbing this practice. While this is a significant step, it is crucial to understand that it signals a broader movement within the HHS to prioritize open access to information, particularly in the healthcare sector.
Find more details about this new rule in the original article published by ArentFox Schiff.