- Home
- Advocacy
- Latest News and Practice Data
- New Penalties for Blocking Electronic Health Information Do Not Apply to Physicians
The Department of Health and Human Services (HHS) Office of Inspector General published a final regulation to implement penalties for blocking patients from their own electronic health information. Importantly, the penalties apply to health information technology vendors, exchanges, and networks, but also do not apply to physicians and other providers of health care. The HHS will develop a separate rule establishing disincentives for physicians and other providers.
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 CAP has known there would be penalties against information blocking established because Congress passed the 21st Century Cures Act in 2016. Up until now, the government has used enforcement discretion to not penalize vendors or providers while regulations are implemented. The Office of Inspector General regulation will levy fines up to $1 million per information blocking violation.
The latest HHS regulation implementing information blocking penalties defined entities that are subject to an information blocking penalty as:
- health IT developers of certified health IT,
- entities offering certified health IT,
- health information exchanges, and
- health information networks.
Enforcement of the information blocking penalties will begin 60 days after publication of the final rule. For more information on blocking regulations go to the HHS’ website on information blocking.