Information blocking, information blocking, information blocking. It seems like everywhere you turn, folks are talking about information blocking. And with good reason – HHS just released the information blocking penalties for 2023.
Information Blocking Penalties: What You Need to Know
• Penalties go into effect September 1, 2023
• Fines can be up to $1 million per violation
What Constitutes an Information Blocking Violation?
A violation is a practice that constitutes information blocking under 45 CFR Part 171. Fines will vary based on the severity of the violation. Factors that can impact the penalty level include the nature and extent of the violation, such as the number of patients, the nature of harm to the patients, the number of providers involved and the number of days the violation persisted.
What Could Get Your Organization in Hot Water?
Committing any act of Information Blocking could get your organization on OCR’s radar – a place you definitely want to avoid! Here are just a couple of examples:
• Ignoring requests for the transfer of EHI.
• Requiring a patient access app to relinquish all intellectual property rights or indemnify for acts beyond standard practice, like gross negligence.
• Requiring a Business Associate to sign a Business Associate Agreement (BAA) that limits or prohibits access, exchange or use of EHI for treatment by other providers.
Still can’t get enough Information Blocking? Check out our video where we tackle the most common Google searches on the topic. We guarantee this will be the most fun 5 minutes and 31 seconds you’ve ever had learning about Information Blocking!
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