Tag: Information Blocking

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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.

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Health Law Highlights

Feds Announce Final Penalties for Information Blocking. Hospitals and Medical Groups Aren’t Happy

Summary of article from Chief Healthcare Executive, by Ron Southwick:

The U.S. Department of Health & Human Services has finalized rules to prevent information blocking, imposing significant financial penalties on hospitals, clinicians, and medical groups that fail to share health information freely. Hospitals could face reductions in federal aid and substantial financial disincentives, while clinicians and medical groups could see reduced reimbursements and other penalties. The American Hospital Association and the Medical Group Management Association have criticized the penalties as excessive and punitive, urging for more collaborative approaches. The rule also affects Accountable Care Organizations by barring violators from participating in the Medicare Shared Savings Program for at least a year. These measures will take effect 30 days after the rule’s publication.

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Alert

HHS’ Office for Civil Rights Settles HIPAA Investigation with Phoenix Healthcare

From U.S. Health and Human Services:

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has reached a settlement with Phoenix Healthcare over a potential violation of the HIPAA Right of Access provision. The case involved a daughter, acting as a representative for her mother, who could not access her mother’s health information for almost a year despite numerous requests. OCR Director Melanie Fontes Rainer emphasized the importance of timely access to medical records for patient decision-making and treatment accuracy. Phoenix Healthcare eventually provided the requested records 323 days after the initial request. This case marks OCR’s 47th enforcement action related to the Right of Access provision under HIPAA.

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Alert

The OCR Settles another Investigation under the HIPAA Right of Access Initiative

OCR has settled its thirteenth enforcement action under the HIPAA Right of Access Initiative, which involved a primary care physician practicing in the State of Georgia. Dr. Peter Wrobel, M.D., P.C., operating under the fictitious name of Elite Primary Care, became subject to an OCR investigation (twice) for his alleged violations of the HIPAA Privacy Rule. Dr. Wrobel must pay a Resolution Amount of $36,000.00 and implement a two year Corrective Action Plan following the OCR’s second investigation. This is an example of another single patient complaint leading to a substantial penalty under the Right of Access Initiative.

Source: No Signs of Slowing Down: The OCR Settles another Investigation under the HIPAA Right of Access Initiative

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Alert

OCR Settles Tenth Investigation in HIPAA Right of Access Initiative

Riverside Psychiatric Medical Group (“RPMG”) has agreed to take corrective actions and pay $25,000 to settle a potential violation of the HIPAA Privacy Rule’s right of access standard. RPMG, based in Riverside, California, is a group practice specializing in child and adolescent psychiatry, geriatric psychiatry, neuropsychiatry, psychology, and substance use disorders.

OCR received a complaint from a patient alleging that RPMG failed to provide her a copy of her medical records despite multiple requests to RPMG beginning in February 2019. Shortly after receiving the complaint, OCR provided RPMG with technical assistance on how to comply with the HIPAA Right of Access requirements and closed the matter. In April 2019, however, OCR received a second complaint alleging that RPMG still had not provided the complainant with access to her medical records.

“When patients request copies of their health records, they must be given a timely response, not a run-around,” said OCR Director Roger Severino.

Source: OCR Settles Tenth Investigation in HIPAA Right of Access Initiative