OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

neub9
By neub9
1 Min Read

On June 27, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) released its final rule implementing penalties for information blocking. The Final Rule codifies the prohibition on “information blocking” introduced by the 21st Century Cures Act, which was enacted on December 13, 2016. In the Act, “information blocking” was defined as any activity that, in part, is “likely to interfere with, prevent, or materially discourage access, exchange, or use” of electronic health information (EHI).

The Final Rule provides an enforcement process for alleged information blocking violations by health information networks, health information exchanges, and developers of health IT certified by the HHS Office of the National Coordinator for Health Information Technology (ONC). Enforcement of the information blocking penalties will begin on September 1, sixty days after publication of the final rule in the Federal Register.

Read the full post on Proskauer’s Health Care Law Brief blog.

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