News & Analysis as of

Electronic Medical Records 21st Century Cures Act

Burr & Forman

Healthcare Provider Disincentives for Information Blocking

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On June 31, 2024, the Department of Health and Human Services (“HHS”) published a final rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century Cures...more

McDermott Will & Emery

ASTP’s HTI-2 Proposed Rule Would Add and Expand Information Blocking Exceptions

On August 5, 2024, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP) published the Health Data,...more

Nelson Mullins Riley & Scarborough LLP

HHS Rule Targets Health Providers Blocking Patient Info Sharing (RIN 0955-AA05)

Healthcare providers are facing penalties for blocking access to a patient’s electronic health information under a new Biden administration rule. On June 24, the U.S. Department of Health and Human Services (HHS)...more

King & Spalding

HHS Finalizes Disincentives for Healthcare Providers That Have Committed Information Blocking

King & Spalding on

Last week, HHS published its final rule outlining disincentives for certain healthcare providers that have committed information blocking (the Final Rule). The Final Rule also provides information related to OIG’s...more

Holland & Knight LLP

HHS Is Primed to Enforce Information Blocking Conduct

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for...more

Baker Donelson

Providers Take Note: The Common Agreement Version 2.0 Released

Baker Donelson on

The Office of the National Coordinator for Health Information Technology (ONC) released the anticipated Common Agreement Version 2.0 on April 22, 2024. Since 2016, the ONC has been working to implement the requirements of the...more

Burr & Forman

Proposed Penalties for Information Blocking Violations

Burr & Forman on

On October 30, 2023, the Department of Health and Human Services (HHS) released a proposed rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century...more

Arnall Golden Gregory LLP

Information Blocking Penalties for Healthcare Providers: HHS Proposed Rule

The U.S. Department of Health and Human Services (“HHS”) on October 30, 2023, issued a Notice of Proposed Rulemaking (“NPRM”) to establish penalties for healthcare providers found to have committed information blocking. This...more

BCLP

HHS Proposes Rule to Establish Penalties for Committing Information Blocking: What Providers Need to Know

BCLP on

On October 30, 2023, the U.S. Department of Health and Human Services (HHS) released a proposed rule (Proposed Rule) to establish disincentives for healthcare providers that engage in information blocking under the 21st...more

Robinson+Cole Health Law Diagnosis

HHS Proposes Disincentives for Providers that Commit Information Blocking

On November 1, 2023, the U.S. Department of Health and Human Services (HHS) published a proposed rule titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information...more

Clark Hill PLC

OIG Releases Final Rule for Information Blocking Penalties

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On July 3, the Department of Health, and Human Services (“HHS”) Office of Inspector General (“OIG”) published a final rule establishing the statutory civil money penalties created by the 21st Century Cures Act (“Cures Act”)...more

McDermott Will & Emery

Special Report - A Million Reasons to Share: OIG’s Final Rule on Information Blocking Enforcement

McDermott Will & Emery on

On July 3, 2023, the US Department of Health and Human Services Office of Inspector General (OIG) published its long-awaited final rule implementing the 21st Century Cures Act provisions authorizing OIG to investigate claims...more

BakerHostetler

ONC's Proposed Rule Updates to the 21st Century Cures Act Regulations

BakerHostetler on

On April 18, the Office of the National Coordinator for Health Information Technology (ONC) formally published its proposed rule titled Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm...more

King & Spalding

FDA Issues Draft Guidance on “External Controls” in Clinical Trials to Support Safety and Efficacy of a Drug

King & Spalding on

The Food and Drug Administration (FDA) has issued new draft guidance, Considerations for the Design and Conduct of Externally Controlled Trials for Drug and Biological Products (the “External Controls Draft Guidance”), that...more

Bond Schoeneck & King PLLC

Expanded Information Block Rules Go into Effect

As a bonus to Bond’s October 18 Back to Business webinar, Bond labor and employment attorney Travis R. Talerico talked about the recently expanded definition of electronic health information as it pertains to the...more

Health Care Compliance Association (HCCA)

The risk is coming from inside the house: Information blocking and non-EHR data

CT magazine (September 2022) - In the classic 1979 horror film When a Stranger Calls, a babysitter phones the police to report a series of increasingly threatening and frightening prank calls. The police manage to trace...more

Robinson+Cole Health Law Diagnosis

REMINDER: October 6 Deadline for Information Blocking Rules Approaches

Health care providers subject to the Information Blocking rules issued under the 21st Century Cures Act, Pub.L. 114–255, are reminded that such Information Blocking rules will apply to an expanded set of information beginning...more

Bradley Arant Boult Cummings LLP

Healthcare Alert - HHS Information Blocking Rule: The 8 Exceptions

Two years ago, the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator (ONC) issued regulations under the 21st Century Cures Act advancing the interoperability of electronic health...more

Manatt, Phelps & Phillips, LLP

Provider Obligations for Patient Portals Under the 21st Century Cures Act

When Congress prohibited “information blocking” under the 21st Century Cures Act in 2016, it made no reference to patient portals. Similarly, the word “portal” does not appear in the 6,000-word information blocking...more

White and Williams LLP

Information Blocking: What Providers And Programmers Need To Know

White and Williams LLP on

Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information...more

Proskauer on Privacy

ONC Releases Interoperability Frameworks

Proskauer on Privacy on

The 21st Century Cures Act directed the National Coordinator to “develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” Fulfilling that mandate, the Office...more

Mintz - Health Care Viewpoints

ONC Publishes Report, Commentary on Information Blocking Rule Claims Trends

The Office of the National Coordinator for Health Information Technology (ONC) published noteworthy information blocking claim submission trends to date in its recent Information Blocking Claims: By the Numbers post on the...more

Robinson+Cole Health Law Diagnosis

ONC Information Blocking Data Show Majority of Claims Against Health Care Providers

On February 28, 2022, the Office of the National Coordinator for Health Information Technology (ONC) issued data on information blocking claims received since April 5, 2021, the effective date of information blocking...more

Holland & Knight LLP

Medical Records Ownership and the Information Blocking Rules

Holland & Knight LLP on

Patients may think they own their medical records. While patients certainly have the right to access and, in many cases, control how their health information is used and disclosed, medical records ownership can be murky....more

Orrick, Herrington & Sutcliffe LLP

Year-End Roundup for Health Data Privacy: What Life Sciences and Healthcare Companies Need to Know for 2022

We expect many of the trends of 2021 in health data privacy to continue to pick up steam this year. See below for six noteworthy trends that life sciences and healthcare companies should continue to keep an eye on in 2022: ...more

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