In a coordinated effort by the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS) and the Office of the National Coordinator for Health Information Technology (ONC), the Information Blocking Rules may soon see introduction of new regulatory details. A much-anticipated framework has been proposed to establish and manage what have been characterised as “appropriate disincentives” for health care providers that are found to be committing the act of ‘information blocking’.
Details on the proposed disenctives come in the form of a rule (termed the Appropriate Disincentives Proposed Rule). It is important for legal professionals to remain attuned to these proposed changes as they may affect a broad spectrum of health care entities. This rule complements existing processes in place to address data access and integrity issues across the industry.
Information blocking constitutes practices which unreasonably limit the availability, disclosure, and use of health information according to the 21st Century Cures Act. Given the growing digitalisation of health information, it is crucial for legal practitioners to understand the implications of these rules and the looming penalties associated with non-compliance.
The joint effort by these key bodies in setting up this framework underscores its significance, not only for healthcare providers, but also for legal professionals in health-related specialisms. With these changes on the horizon, all parties should prepare for a future where mechanisms for accountability in information sharing are more robust and incentivised appropriately.