otherwise successful participation in the program.When Would Disincentives Be Recouped?HHS is proposing that the disincentives for eligible providers, hospitals, and CAHs should be imposed during the year of OIG’s determination of information blocking—as opposed to recouping an amount calculated based on the year or years during which the information blocking occurred. Assuming the offending behavior is remediated, once the disincentive is satisfied, the offender may resume participation in the program(s) supported by the authority of the “appropriate agency.”Additional PenaltiesProviders should note that, in addition to financial disincentives, the ONC also plans to publish publicly the names of actors found guilty of information blocking, along with any penalties they received, in what is referred to colloquially by the agency as a “wall of shame.” ENDNOTES HHS, 21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking, 88 Fed. Reg. 74947 (Nov. 1, 2023), available at https://www.govinfo.gov/content/pkg/FR-2023-11-01/pdf/2023-24068.pdf. Under this proposed rule, “[d]isincentive means a condition specified in § 171.1001(a) that may be imposed by an appropriate agency on a health care provider that [the HHS Office of Inspector General] determines has committed information blocking for the purpose of deterring information blocking practices.” HHS has requested feedback on this definition. See 45 C.F.R. 171.102, noting that a health care provider has the same meaning as “health care provider” in 42 U.S.C. 300jj, which states the following:[T]he term “health care provider” includes a hospital, skilled nursing facility, nursing facility, home health entity or other long term care facility, health care clinic, community mental health center (as defined insection 300x–2(b)(1) of this title), renal dialysis facility, blood center, ambulatory surgical center described in section 1395l(i) of this title,emergency medicalservicesprovider, Federall