On September 1st, the federal government will begin enforcing penalties against entities that violate regulations aimed at prohibiting “information blocking”. This comes more than three years after the initial issuance of these rules. From this date forward, certain entities may face civil monetary penalties (CMPs) for any conduct viewed as information blocking. This update was reported by Manatt, Phelps & Phillips, LLP on jdsupra.com.
The term “information blocking” refers to practices that interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information. This, according to the Office of the National Coordinator for Health Information Technology (ONC). From healthcare providers to health IT developers, and even health information exchanges and networks, the potential field of offenders is vast.
- Depending on the nature of the violation, CMPs can range from $1,000 for individual instances of information blocking, up to $1,000,000 for more systemic violations.
- These penalties are not necessarily one-off occurrences, since entities that continue to engage in information blocking can face CMPs on an ongoing basis.
As the rules are now in effect, it serves as a stark warning to corporate legal professionals, particularly those in the healthcare sector, to ensure their respective organizations are abiding by these regulations. It is paramount now more than ever, to review and adjust practices accordingly to avoid these newly imposed penalties.