News & Analysis as of

Electronic Protected Health Information (ePHI) Information Blocking Rules Department of Health and Human Services (HHS)

Holland & Knight LLP

HHS Finalizes Key Information Blocking Exceptions

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The finalization of information blocking exceptions were announced just in the "St. Nick" of time by the U.S. Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy (ASTP), formerly known as...more

Epstein Becker & Green

As the Window for Comments Closes on ONC/ASTP’s HTI-2 Proposed Rule: What’s in HTI-2 and What Does It Mean for You?

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On August 5, 2024, the Office of the National Coordinator for Health Information Technology— now known as the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health IT (“ASTP/ONC”) within the...more

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

McCarter & English, LLP

More Roadblocks For Information Blocking: HHS Finalizes Rule Establishing Disincentives for Hospitals, Clinicians, and ACOs

On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This...more

BakerHostetler

Healthcare Providers Beware: Finalized Disincentives Sharpen the Teeth of Information Blocking Rule

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On June 24, 2024, the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) at the Department of Health and Human Services (HHS) issued the 21st...more

Davis Wright Tremaine LLP

21st Century Cures Act Information Blocking Rule Finally Has Teeth With Respect to Providers

On July 1, 2024, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) and Office of the National Coordinator for Health Information Technology (ONC) published a final rule...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

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

Holland & Knight LLP

Finalized HTI-1 Interoperability and Information Blocking Updates Have Taken Effect

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The U.S. Department of Health and Human Services' (HHS) Office of the National Coordinator for Health Information Technology (ONC) published its Health Data, Technology, and Interoperability: Certification Program Updates,...more

BakerHostetler

Federal Government Addresses AI Transparency and Safety in Healthcare

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On Oct. 30, President Biden signed an executive order calling for a coordinated government approach to establish new safeguards for AI safety and security in healthcare. In response to the executive order, on Dec. 14 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

Bass, Berry & Sims PLC

HHS Finalizes Enhancements to Information Blocking Rules through the HTI-1 Final Rule

Bass, Berry & Sims PLC on

On December 13, the Office of the National Coordinator for Health Information Technology (ONC), which is part of the Department of Health and Human Services (HHS), finalized changes to the information blocking rules by...more

Holland & Hart LLP

HHS Proposes Disincentives for Providers Who Violate the Information Blocking Rule

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The U.S. Department of Health and Human Services (HHS) released a proposed rule that establishes disincentives for healthcare providers who violate the Information Blocking Rule (IBR) under the 21st Century Cures Act ("Cures...more

Troutman Pepper Locke

New Proposed Rules to Combat Health Information Blocking

Troutman Pepper Locke on

The U.S. Department of Health and Human Services (HHS) has just unveiled a proposed rule designed to penalize health care providers engaging in information blocking. Information blocking is a practice where health care...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

Mintz - Health Care Viewpoints

HHS Proposes Appropriate Disincentives for Health Care Providers That Commit Information Blocking

In coordination with the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS) and Office of the National Coordinator for Health Information Technology (ONC) proposed a...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

Clark Hill PLC on

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

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

ArentFox Schiff on

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Akerman LLP - Health Law Rx

OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a...

On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending the OIG’s civil monetary penalty (CMP) regulations as they relate to...more

Polsinelli

HHS OIG Releases Final Information Blocking Enforcement Rule Applicable to Non-Provider Actors

Polsinelli on

On June 27, 2023, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) posted on its website a final rule implementing its civil money penalty (“CMPs”) authority and providing a...more

Maynard Nexsen

OIG Posts Final Information Blocking Rule—Who’s Subject to $1 Million Penalties?

Maynard Nexsen on

On June 27, 2023, the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) posted its final rule, implementing its Information Blocking Rule penalties under the 21st Century Cures Act....more

Holland & Knight LLP

ONC Proposes Updates to Information Blocking Regulations

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The U.S. Department of Health and Human Services' (HHS) Office of the National Coordinator for Health Information Technology (ONC) on April 11, 2023, released a Notice of Proposed Rule Making called the Health Data,...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

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