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|Publication ID: Fall 2022
|Title: ●Establishment of Disincentives for Health Care Providers who Have Committed Information Blocking
The rulemaking implements certain provisions of the 21st Century Cures Act to establish appropriate disincentives for health care providers determined by the Inspector General to have committed information blocking. Consistent with the 21st Century Cures Act, the rulemaking establishes a first set of disincentives using HHS authorities under applicable Federal law, including authorities delegated to the Centers for Medicare & Medicaid Services, and includes related policies necessary to implement these provisions.
|Agency: Department of Health and Human Services(HHS)
|Priority: Other Significant
|RIN Status: First time published in the Unified Agenda
|Agenda Stage of Rulemaking: Proposed Rule Stage
|Unfunded Mandates: No
|CFR Citation: 45 CFR 171 42 CFR 495 42 CFR 413 42 CFR 41
|Legal Authority: 42 U.S.C. 300jj–52 42 U.S.C. 1315a 42 U.S.C. 1395jjj 42 U.S.C. 1395ww 42 U.S.C. 1395f 42 U.S.C. 1395w–4 42 U.S.C. 1395yy 42 U.S.C. 1395rr 42 U.S.C. 1395f 42 U.S.C. 1395l 42 U.S.C. 195fff
Statement of Need:
The rulemaking would implement a provision of the 21st Century Cures Act which requires OIG to refer health care providers that OIG determines to have committed information blocking to the appropriate agency to be subject to appropriate disincentives using authorities under applicable Federal law, as the Secretary sets forth through notice and comment rulemaking. Release of the proposed rule is needed to implement this critical component of the Cures Act and ensure effective enforcement of information blocking rules.
Summary of the Legal Basis:
The provisions would be implemented under the authority of the Public Health Service Act, as amended by the 21st Century Cures Act.
ONC will consider different available authorities under which appropriate disincentives could be established to minimize regulatory burden for health care providers.
Anticipated Costs and Benefits:
The costs of this proposed rule would be minimal. Investigated parties may incur some costs in response to an OIG investigation or enforcement action by an HHS agency, however this would depend on the frequency of prohibited conduct. The expected benefits of the regulation are deterring information blocking conduct that interferes with effective health information exchange and negatively impacts many important aspects of health care, including patient access, duplicative testing and costs, and the availability and quality of care.
We anticipate that health care providers will express concern with the potential complexity of the approach (i.e., the application of a range of disincentives based on available authorities) as compared to a range of civil monetary penalties or fines. ONC will continue to consider additional potential risks, identify them for stakeholders, and seek comment from stakeholders during the comment period for the proposed rule.
|Regulatory Flexibility Analysis Required: No
|Government Levels Affected: None
|Small Entities Affected: No
|Included in the Regulatory Plan: Yes
|RIN Data Printed in the FR: No
Federal Policy Branch Chief
Department of Health and Human Services
Office of the National Coordinator for Health Information Technology
330 C Street SW, 7th Fl,
Washington, DC 20201