Information Blocking Statutory Background

Question 1

Information Blocking Statutory Background

Answer 1

In order to facilitate access to electronic health information (“EHI”) when and where it is needed, the Cures Act authorizes the HHS Office of Inspector General (“OIG”) to investigate any claim that a health IT developer of certified health IT, health care provider, HIE, or HIN (collectively, “Actors”) engaged in information blocking.

Question 2

Health IT developers of certified health IT, HIEs, and HINs may be subject to civil monetary penalties of up to $1 million per information blocking violation, and health care providers may be

Answer 2

“referred to the appropriate agency to be subject to appropriate disincentives using authorities under applicable Federal law, as the Secretary [of HHS] sets forth through notice and comment rulemaking.”

Question 3

In addition, the Cures Act directs the Secretary of HHS to establish a prohibition on any action that

Answer 3

1) constitutes information blocking as a requirement for obtaining and 2) maintaining health IT certification under the ONC Health IT Certification Program.