Understanding the Consequences of Information Blocking Penalties: What Healthcare Providers Need to Know
The healthcare industry is slowly transitioning to electronic health records (EHRs) to improve healthcare quality, patient safety, and healthcare efficiency. While there are many benefits to using EHRs, healthcare providers need to be aware of the consequences of information blocking penalties.
Information blocking is the act of knowingly and unreasonably interfering with the exchange or use of electronic health information. This interferes with the sharing of health information between healthcare providers, patients, and other authorized parties. When information blocking occurs, healthcare providers can face legal consequences.
What are the Consequences of Information Blocking Penalties?
Information blocking penalties are costly and can significantly impact healthcare providers’ reputation and financial stability. The Office of Inspector General (OIG) and the Department of Justice (DOJ) can investigate healthcare providers and impose penalties and fines on those found to be guilty of information blocking.
Healthcare providers found guilty of information blocking can be fined up to $1 million per occurrence, and individuals involved can face imprisonment for up to five years. Additionally, the Centers for Medicare & Medicaid Services (CMS) can deny incentive payments to providers who engage in information blocking.
Why do Healthcare Providers Engage in Information Blocking?
Healthcare providers may engage in information blocking for various reasons, including financial gain, competition, and lack of technical and organizational capabilities. Some healthcare providers may feel that withholding information gives them an advantage over other providers.
Providers may also lack the necessary technical and organizational capabilities to properly share information, making information blocking a tempting solution to avoid exposing these deficiencies.
How Can Healthcare Providers Avoid Information Blocking Penalties?
Healthcare providers should develop a culture that prioritizes patient care and emphasizes the sharing of health information. Providers should have policies in place that encourage the exchange of information between healthcare providers, patients, and other authorized parties.
Providers should also ensure that they have the necessary technical and organizational capabilities to successfully share electronic health information. This includes investing in technology and training personnel to effectively maintain and use EHRs.
Conclusion
As healthcare providers adopt EHRs, it’s essential that they understand the consequences of information blocking penalties. Providers should prioritize the sharing of health information and invest in technical and organizational capabilities to avoid the costly legal and financial consequences of information blocking. Failure to do so can damage their reputation and threaten their ability to provide high-quality patient care.
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