HHS Proposes Rule to Establish Disincentives for Health Care Providers that have Committed Information Blocking
for public comment that would establish disincentives for health care providers found by the HHS Office of Inspector General to have committed information blocking – when a provider knowingly and unreasonably interferes with the access, exchange, or use of electronic health information except as required by law or covered by a regulatory exception.
Under the Medicare Promoting Interoperability Program, an eligible hospital or critical access hospital would not be a meaningful electronic health record user in an applicable EHR reporting period. The impact on eligible hospitals would be the loss of 75 percent of the annual market basket increase; for CAHs, payment would be reduced to 100 percent of reasonable costs instead of 101 percent.
Under the Medicare Shared Savings Program, a health care provider that is an Accountable Care Organization , ACO participant, or ACO provider or supplier would be deemed ineligible to participate in the program for a period of at least one year. This may result in a health care provider being removed from an ACO or prevented from joining an ACO.
Earlier this year, OIG published a final rule to establish civil money penalties authorized by the Cures Act that applies to health IT developers of certified health IT, entities offering certified health IT, health information exchanges, and health information networks. If OIG determines that one of these entities has committed information blocking, they may be subject to up to a $1 million penalty per violation.
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