New Rule Proposes Consequences for Information Blocking

December 1, 2023 – A new proposed rule recently released by CMS and the Office of the National Coordinator for Health Information Technology (ONC), titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking,“ outlines actions to hold health care providers accountable for information blocking under the 21st Century Cures Act (Cures Act).

Specifically, the rule proposes “appropriate disincentives” for providers determined to have committed information blocking, as mandated by the Cures Act. A previous final rule, released in July, established civil monetary penalties (up to $1 million per violation) for other types of “actors” determined to have committed information blocking—including health IT developers of certified health IT, Health Information Networks (HINs) and Health Information Exchanges (HIEs). Comments on the proposed rule will be accepted until January 2, 2024.