Blocking Information in Your EHR Might Cost You
The U.S. Department of Health and Human Services (HHS) who oversees the federal law known as the Health Insurance Portability and Accountability Act (HIPAA) has proposed a new rule that would cost healthcare providers and facilities significant financial penalties for improper information blocking. This new rule could be very costly for providers and organizations who are not caught up with regulations or not auditing appropriately to mitigate issues as they occur.
Information blocking, which is defined as preventing or materially discouraging access, exchange, or use of electronic health information, is a violation the HHS takes very seriously. Although this new rule is still within the public comment phase, it is predicted to move forward quickly. The proposed financial penalties are being tied to eligibility status and reimbursement rates under the Centers for Medicare and Medicaid Services programs. A recent article published by Healthcare IT News, Info blocking exceptions need special attention from providers, highlights the details known so far.
This article falls under LEGAL/REGULATORY in the Enterprise Risk Management (ERM) risk domains.
Risk within this domain incorporates the failure to identify, manage, and monitor legal, regulatory, and statutory mandates on a local, state, and federal level. Such risks are generally associated with fraud and abuse, licensure, accreditation, product liability, management liability, Centers for Medicare and Medicaid Services (CMS) Conditions of Participation (CoPs) and Conditions for Coverage (CfCs), as well as issues related to intellectual property.