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Info blocking exceptions need special attention from providers

November 28, 2023
Contributed by: Bill Russell
Summary
HHS advances proposed info-blocking rules that could penalize noncompliant Medicare providers. Comments due by 2024; penalties possibly enforced sooner. HHS, Foley & Lardner, and American Telemedicine Association review key exceptions, data security strategies. Noncompliant providers may be fined thousands under Promoting Interoperability Program, affecting eligibility of clinicians within other CMS programs. Info-blocking referrals investigated case-by-case; participants in Medicare Shared Savings Program may face year-long bans. Eight exceptions necessitate employee training to avoid unintentional rule violations. Info-blocking rules require privacy exception authorize disclosure, impacting HIPAA regulations. Infeasibility, preventing harm exceptions have conditions. Interference with access, exchange or use of EHI may result in harm exception application. Penalties apply annually.
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