Information Blocking: Law and Interoperability

David Szabo is giving a presentation for the Massachusetts Health Data Consortium (MHDC) on September 27, 2017, entitled "Information Blocking: Law and Interoperability."

Congress, The Office of the Inspector General, the Office of National Coordinator, and the Office of Civil Rights all have expressed their concerns about possible “information blocking” by electronic health record vendors and by provider organizations. ONC defines information blocking as knowingly and unreasonably interfering with the exchange or use of electronic health information. After a flurry of legislation and regulatory guidance, Information Blocking can lead to:

• Reimbursement penalties under MACRA;
• An obligation to refund “meaningful use” incentive payments;
• Civil monetary penalties;
• Violations of the Stark regulations;
• Violations of the Anti-kickback statute; or
• False Claims liability.

The presentation will review regulatory definitions of “Information Blocking,” legal guidance from various agencies, and reasonable justifications for limitations on interoperability.

For more information, please click here.