What EHR Vendors Need to Know About the Information Blocking Rule
In July, the HHS Office of Inspector General (OIG) released a final rule establishing the statutory penalties created by the 21st Century Cures Act information blocking requirements.
If the OIG determines that an individual or entity has committed information blocking, they may be subject up to a $1 million penalty per violation. The final rule does not impose new information blocking requirements.
Enforcement of the information blocking penalties officially began on September 1st, and the OIG will not impose a penalty on information blocking conduct occurring before September 1, 2023.
But the big question is how can EHR vendors best meet these requirements and not be subject to the $1 million fine?
According to a recent EHR Intelligence, these are some key considerations for vendors:
Organizations subject to enforcement must closely analyze their data access policies to ensure they follow the information blocking regulations.
EHR vendors prohibiting hospital clients from using certain vendors to access or use health information constitutes information blocking.
A vendor imposing unnecessary licensing terms, fees, training, or waiting periods to prevent access to health records could also be categorized as information blocking.
It is also important to note that the OIG will prioritize cases for investigation that:
Resulted in, is causing, or had the potential to cause patient harm
Significantly impacted a provider's ability to deliver patient care
Were of long-duration
Caused financial loss to federal healthcare programs or other government or private entities
Were performed with actual knowledge
In 2020, Mariann Yeager, CEO of The Sequoia Project, did a RosettaHealth podcast interview, and discussed the tools that can help aid in compliance. For example, The Sequoia Project is offering an Information Blocking Compliance Boot Camp, as well as a number of compliance resources in the form of free tools, checklists, reports and webinars.
RosettaHealth can assist with any health information challenges you might have, book a free consultation with one of our interoperability experts.