Links
Helpful links from Government Websites: National Institute of Health, Office of Inspector General, Health IT, ASTP.
Office of Inspector General
On June 27, 2023, HHS-OIG posted its final rule implementing information blocking penalties. The final rule establishes the statutory penalties created by the 21st Century Cures Act. If OIG determines that an individual or entity has committed information blocking, they may be subject up to a $1 million penalty per violation.
What Is Information Blocking?
Information blocking is a practice by an "actor" that is likely to interfere with the access, exchange, or use of electronic health information (EHI), except as required by law or specified in an information blocking exception. The Cures Act applied the law to healthcare providers, health IT developers of certified health IT, and health information exchanges (HIEs)/health information networks (HINs).
Health Information Blocking: Responses Under the 21st Century Cures Act
Interoperability, or the easy, secure exchange of electronic health information (EHI), is now vital to health care and public health functions, including disease and laboratory reporting. Conversely, “information blocking,” or activities that interfere with collecting, using, and exchanging EHI, can seriously harm public health.
Getting Real about Information Blocking and APIs
Among the many concerns raised is the possibility of Certified API developers potentially being out of compliance with Conditions and Maintenance of Certification requirements specific to APIs (45 CFR 170.404) and information blocking (45 CFR 170.401). More than 96% of hospitals and 78% of physician offices now use electronic health records (EHRs) certified through the ONC Health IT Certification Program.
ONC’s Cures Act Final Rule
ONC’s Cures Act Final Rule supports seamless and secure access, exchange, and use of electronic health information. The rule is designed to give patients and their healthcare providers secure access to health information. It also aims to increase innovation and competition by fostering an ecosystem of new applications to provide patients with more choices in their healthcare.