On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This rule further implements the 21st Century Cures Act by allowing the Centers for Medicare & Medicaid Services (CMS) to impose disincentives on certain healthcare providers that the Office of Inspector General (OIG) has determined committed information blocking.Information blocking, under 45 CFR 171.103, is a practice conducted by a healthcare provider that is likely to interfere with access to, exchange of, or use of electronic health information. OIG has informally advised that when investigating whether a provider has committed information blocking, it will consider: (i) actual or potential patient harm; (ii) significant impacts to ability to provide care; (iii) duration; and (iv) financial loss to federal healthcare programs or government or private entities.OIG will inform CMS of its determination, and CMS will notify the provider of the disincentive bei

n Accountable Care Organization (ACO), an ACO participant or ACO provider/supplier that has committed information blocking may be barred from participating in the Medicare Shared Savings Program for at least one year and would not be able to receive revenue it would have otherwise received. This disincentive is effective July 31, 2024; however, any disincentive under the Shared Savings Program would be imposed after January 1, 2025.The HHS Office of Inspector General (OIG) determines if information blocking has occurred by following regulations from the Office of the National Coordinator for Health Information Technology. They investigate and gather evidence on the conduct and intent of the provider. OIG anticipates that its investigations will focus on information blocking conduct that: 1) results, or could result, in patient harm; 2) significantly impacted a provider’s ability to care for the patient; 3) persisted for a long duration; or 4) caused financial loss to federal programs. 89 Fed. Reg. 54662 (July 1, 2024).