ONC, HHS Finalize Penalties for Information Blocking Violations

Four years after regulations on information blocking were issued, the Department of Health and Human Services and the Office of the Inspector General have outlined the disincentives for health care providers and others who violate the rules. Also in the regulation update, the Office of the National Coordinator added an exception for providers to avoid penalties.

Information blocking is considered any practice that is likely to interfere with the access, exchange, or use of electronic health information. APTA has updated its Practice Advisory on Information Blocking to include the disincentives and the new exception.

For health care providers, the regulations come from HHS: MIPS-eligible providers, including physical therapists, who report in the Promoting Interoperability category are subject to penalties if they commit information blocking.

For developers of certified health IT, entities offering certified health IT, health information exchanges, and health information networks, OIG has set monetary penalties for those who commit information blocking.