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- New Proposed Penalties for Blocking Electronic Health Information Do Not Apply to Most Pathologists
Most individual pathologists will not be penalized under a new proposed rule that will levy fines on physicians for failing to comply with patient access to medical record provisions in the 21st Century Cures Act. Previously, the CAP had advocated for there to be expanded and additional exceptions to the information blocking rule and for the government to issue clear guidance on what constitutes information blocking.
On October 30, the CMS and the ONC published the 21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking proposed rule, which would implement penalties to physicians and other providers for blocking patients from their own electronic health information, except in very limited circumstances. This will not apply to most individual pathologists, but it will apply to hospital systems and pathologists in large groups that report to the Quality Payment Program and are subject to the Promoting Interoperability category. Pathologists for whom the Promoting Interoperability category of the Merit Based Incentive Payment System (MIPS) is not applicable could not be held accountable for penalties under this proposed rule.
Of note, the ONC and CMS recognize that the proposed rule does not apply to all clinicians. Thus, they included in the proposed rule a Request for Information on additional disincentives to be considered in future rulemaking that would apply to health care providers that are not implicated by the disincentives proposed in this rule.
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. The CAP has long advocated for expanded and additional exceptions for the information blocking rules.
On November 15, the ONC and CMS will host an information session on the proposed rule. For more information on blocking regulations go to the HHS’ website on information blocking.