HHS Finalizes the Information Blocking Disincentive Rule
On June 24, 2024, the U.S. Department of Health and Human Services (HHS), which oversees the federal law known as the Health Insurance Portability and Accountability Act (HIPAA), finalized a rule that would cost healthcare providers and facilities significant financial penalties for improper information blocking.
In a final follow-up to articles in past Snapshot newsletters, Blocking Information in Your EHR Might Cost You (February 2024) and Associations Starting to Speak Out on the Pending Information Blocking Rule Changes (May 2024), the U.S. Department of Health and Human Services (HHS) has finalized a rule which firmly establishes financial disincentives for health care organizations and providers who have committed information blocking.
You can read the press release here: HHS Finalizes Rule Establishing Disincentives for Health Care Providers That Have Committed Information Blocking
In recognition of the financial significance even one finding of information blocking could have, we recommend organizations and practices take the time to proactively review their current practices and electronic health record (EHR) settings. If changes need to be made, implement those as soon as possible and ensure good documentation is retained to show your intention.
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 (CfC), as well as issues related to intellectual property.