News & Analysis as of

Office of the Inspector General Electronic Protected Health Information (ePHI)

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

BakerHostetler on

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

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

Troutman Pepper

New Proposed Rules to Combat Health Information Blocking

Troutman Pepper 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

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

Manatt, Phelps & Phillips, LLP

Information Blocking Penalties to Take Effect September 1

More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face...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

King & Spalding

OIG Publishes Final Information Blocking Enforcement Rule

King & Spalding on

On July 3, 2023, OIG published its final enforcement rule (the OIG Rule) permitting imposition of civil monetary penalties (CMPs) for certain actors that engage in information blocking in violation of the information blocking...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

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Enforcement Compliance Conference - November 7th - 9th, 8:55 am - 3:30 pm CST

Hear directly from the enforcement community - Want to gain insight into properly monitoring, detecting, investigating, and managing violations? Join us virtually at HCCA’s Annual Healthcare Enforcement Compliance...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - August 5th, Philadelphia, PA

Looking for compliance training and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance training, including updates on the latest news in regulatory...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

Health Care Compliance Association (HCCA)

[Event] Nashville Regional Healthcare Compliance Conference - November 5th, Nashville, TN

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Goodwin

The Office of the National Coordinator for Health Information Technology Interoperability and Information Blocking Final...

Goodwin on

As of April 5, 2021, health information technology companies and developers are required to comply with the information blocking provisions of the Centers for Medicare and Medicaid Services’ (CMS) and the Office of the...more

Jackson Lewis P.C.

Information Blocking And HIPAA’s Right To Access: Compliance Burdens For Healthcare Providers

Jackson Lewis P.C. on

Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it generally required covered entities to provide patients timely access to their medical records. Of...more

King & Spalding

Athenahealth Agrees to Pay $18.25 Million to Resolve Allegations of FCA Violations

King & Spalding on

On Thursday, January 28, 2021, the DOJ announced that electronic health record (EHR) vendor athenahealth, Inc. (Athenahealth) agreed to pay $18.25 million to resolve allegations that it violated the False Claims Act (FCA). ...more

ArentFox Schiff

Changes to Stark and Anti-Kickback Regulations Address Technology Advances, Tighten Rules for EHR Contributions, and Promote...

ArentFox Schiff on

Fraud and abuse regulations have been adapted to meet today’s technology for electronic data, promoting cooperation among health care providers for the exchange of health information and the protection of such information...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19

With the COVID-19 pandemic demands for Personal Health Information (PHI) from law enforcement, the press, politicians and the public are increasing. While there may be good reasons behind many of these demands, healthcare...more

Jones Day

Newly Proposed Protections for Cybersecurity Technology Under the AKS and Stark Law

Jones Day on

The Situation: Despite the ongoing evolution of cybersecurity technology and services, patients' health information and other confidential data remain vulnerable to cyberattacks because such technology and services are often...more

Baker Donelson

Regulatory Sprint: HHS Proposes Expansion of Protections for EHR and Cybersecurity Donations

Baker Donelson on

In furtherance of its goals of expanding the adoption of electronic health records (EHR) and improving security through the use of cybersecurity technology, the Department of Health and Human Services (HHS) has proposed...more

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