Final Rule Released by HHS Discourages Health Care Providers from Committing Information Blocking

The Department of Health and Human Services recently released a final rule that aims to discourage health care providers from obstructing access to electronic health information. This rule, which was initially met with concern from groups like the AHA, outlines penalties for providers found to be engaging in information blocking.

Under the new rule, hospitals participating in the Medicare Promoting Interoperability Program could face a 75% reduction in their market basket update if they are found guilty of information blocking. Critical access hospitals could see their reimbursement reduced from 101% to 100% of reasonable costs, while clinicians in the Medicare Merit-based Incentive Payment System could receive a score of zero in the Promoting Interoperability performance category.

Additionally, providers in accountable care organizations who engage in information blocking may be disqualified from participating in the Medicare Shared Savings program for a minimum of one year, potentially losing out on revenue they may have earned through the program. The AHA has expressed disappointment with the final rule, stating that it ignores the majority of comments received and raises concerns about the perceived severity, complexity, and fairness of the disincentive structure outlined.

Overall, this new rule aims to promote improved access, exchange, and use of electronic health information while imposing strict penalties on those found to be hindering interoperability.