The U.S. Department of Health and Human Services (HHS) recently submitted a proposed rule outlining penalties providers would face if they do not appropriately share patient data as outlined in the 21st Century Cures Act.
Under this rule, if the Office of Inspector General (OIG) determines that a hospital, including critical access hospitals (CAHs), has engaged in information blocking, significant penalties are triggered. For eligible hospitals, this could mean losing a part of their Medicare payments, specifically the three-quarters of the annual market basket increase typically associated with being a meaningful user of electronic health records. Penalties for CAHS would be in the form of a reduction in payment to 100% of reasonable costs, down from the usual 101%, during the applicable year.
HHS will hold an information session on the proposed rule Nov. 15 from 1:30 to 2:30 p.m. ET. Members are encouraged to provide comments by Jan. 3, 2024.
Members with questions should contact Jim Lee at the MHA.