What is the 21st Century Cures Act and who does it impact? The 21st Century Cures Act (the “Cures Act”) was bi-partisan legislation passed in December 2016 that sought to drive electronic access, exchange and use of health information in an interoperable manner, accelerate medical device, drug and research development, tackle opioid abuse and mental health issues, and achieve other high priority and patient-focused national health goals.1 Among other chief concerns, the Cures Act addressed the need for improved interoperability between disparate electronic health record technology, health care innovation and improved patient access to their health information to help reduce costs and burdens for health care providers and payers, increase transparency for patients, improve health outcomes, and achieve better coordinated care. Of particular importance, the Cures Act sought to prohibit practices which it deemed to be “information blocking” when conducted by three categories of actors: (i) health care providers (“HCPs”), (ii) health information exchanges (“HIEs”) and health information networks (“HINs”), and (iii) health information technology (“IT”) developers of certified health IT (“Developers of Certified Health IT”). The HHS Office of the Inspector General (“OIG”) has the authority under the Cures Act to investigate claims of information blocking.2 Information blocking is statutorily defined by the 38 LAWYER MONTHLY DECEMBER 2023 HHS Proposes Rule to Establish Disincentives for Information Blocking Conduct: An Exclusive Interview with Krystyna Monticello, Partner at Attorneys at Oscislawski LLC Contact Krystyna Monticello Partner Oscislawski LLC 782 Alexander Road, 2nd Floor Princeton, NJ 08540 Tel: 609 385 0833 Fax: 609 385 0833 www.oscislaw.com What Healthcare Providers Need to Know
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