Health Law Highlights

Information Blocking: Disincentives Established for Health Care Providers

Summary of article from Baker Donelson, by Julie Kilgore:

The Disincentives Final Rule, established under the Cures Act, aims to deter information blocking among Medicare-enrolled health care providers by implementing specific penalties. These penalties include disqualifying providers from being recognized as meaningful EHR users, impacting their financial incentives under Medicare programs, and potentially excluding them from the Medicare Shared Savings Program. The rule will come into effect 30 days after its publication, with the Office of Inspector General (OIG) beginning investigations thereafter. Health care providers will be notified of any disincentives and may appeal decisions before they are finalized. The Office of the National Coordinator for Health Information Technology (ONC) will publicly post information about disincentives, ensuring transparency, but only after appeals are concluded.