Despite efforts to fund the government for fiscal year (FY) 2026, Congress could not reach an agreement on a short-term continuing resolution (CR) or final FY 2026 appropriations before the September 30 deadline. This lapse in appropriations triggered a government…
Department of Health and Human Services (HHS) to Increase Enforcement of Information Blocking
Information blocking is back in the spotlight as HHS with the announcement that the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health IT (ASTP/ONC) and Office of Inspector General (OIG) will begin increasing enforcement actions.
The Enforcement Alert reminds health care entities, which includes physicians, that “the 21st Century Cures Act (Cures Act) defines information blocking as a practice by an individual or entity that is likely to interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information except as required by law or as specified in an information blocking exception.” The penalty for physicians committing information blocking is captured under the Merit-based Incentive Payment System (MIPS), while health IT developers and health information exchanges would be subject to civil monetary penalties.
Under the Promoting Interoperability performance category of the MIPS, any MIPS-eligible physician who engages in information blocking will not qualify as a meaningful user of certified EHR technology for the performance period in which the offense occurred. As a result, the physician will receive a zero score in the Promoting Interoperability category of MIPS, if reporting on that category is required. In cases of group reporting, if an individual physician is found to have committed information blocking, the penalty applies only to that physician, not to the entire group. Since the Promoting Interoperability category accounts for up to one-quarter of a physician’s total MIPS score the impact of a zero score in the Promoting Interoperability category can be significant.
More information about information blocking including definitions, exceptions, and disincentives can be found on the ASTP website: ASTP Information Blocking