Introduction: In a pivotal development that impacts healthcare practices across the nation, the federal government has ushered in substantial changes to patient information blocking rules. These changes, introduced as part of the 21st Century Cures Act, are designed to enhance patient data accessibility and impose strict penalties for non-compliance. Let’s delve into the core aspects of these changes and explore how healthcare practitioners can ensure compliance while avoiding substantial financial repercussions.

Understanding the 21st Century Cures Act: The 21st Century Cures Act, also known as the Information Blocking rule, represents a significant departure in the way patient information is handled. It mandates that electronic health information (EHI) must be made available to patients and authorized parties securely, promptly, and without any financial burden. This necessitates changes to a practice’s technology infrastructure, HIPAA policies, and clinical workflows.

On June 27, 2023, HHS-OIG posted its final rule implementing information blocking penalties. The final rule establishes the statutory penalties created by the 21st Century Cures Act. If OIG determines that an individual or entity has committed information blocking, they may be subject significant penalties per violation.

The Stakes: Penalties and Practice Impact: A critical aspect of these changes lies in the potential penalties for non-compliance. The finalized Information Blocking rule updates penalties for practices and Electronic Health Record (EHR) vendors that fail to adhere to the Cures Act mandates. These penalties can extend up to a staggering $1 million per violation, an amount that has the potential to cripple a practice financially.
Urgency in Compliance: Practices that have not yet adapted to the information blocking requirements should act soon. Delaying compliance efforts could lead to unfavorable consequences, especially when the Office of the Inspector General (OIG) initiates audits.

Expert Guidance and Support: The complexity of the Information Blocking rules might seem overwhelming, but healthcare practitioners need not navigate this labyrinth alone. Compulink provides resources to guide practitioners in understanding the Information Blocking requirements. Compulink also offers Information Blocking document templates built into the Advantage Software to print or provide electronically.

The Warning: Non-Compliance Consequences: The federal government’s seriousness about the Information Blocking Rule cannot be understated. Non-compliance is met with rigorous investigations that can place immense stress on a practice. Moreover, violations could lead to substantial financial penalties, with each violation carrying a potential penalty of up to $1 million.

Conclusion: The landscape of patient information handling has shifted dramatically with the 21st Century Cures Act. Healthcare practitioners must embrace the new reality and adapt swiftly to ensure compliance with the Information Blocking rule.

Don’t gamble with the future of your practice. The clock is ticking – take action now to safeguard your practice’s reputation and financial stability.

 

August 25, 2023
By: Karen Perry, OD FAAO
Director Professional Relations, Government Regulation and HIPAA Compliance Privacy Officer