Interoperability Program or Quality Payment Program, do I need to be concerned about disincentives, financial penalties or the Cures Act? All health care providers that meet the definition of an HCP actor14 under the Cures Act remain responsible for complying with applicable provisions of the Cures Act and the Information Blocking Rules notwithstanding their lack of participation in any of the federal incentive programs which the proposed disincentives would be applicable to. The ONC Cures Act and Information Blocking Rule remains fully in effect for Health Care Providers as of October 6, 2022, with certain provisions in effect since April 1, 2022. Although OIG has expressed its intent to exercise enforcement discretion until applicable enforcement rules are finalized with respect to HCPs, compliance is still required with the Cures Act and Information Blocking Rules. In the Proposed Disincentives Rule, ONC and CMS have also requested public feedback on additional disincentives which may be applied to HCPs not covered by its current proposed disincentives with the intent to engage in future rulemaking to address these gaps. Does the Cures Act affect how Health Care Providers and other actors may charge for releasing patient medical records electronically? The information blocking requirements affect the way an actor may charge for copies of or transmitting EHI. Any fees that are likely to interfere with the access, exchange, or use of EHI can implicate information blocking. For example, it could be information blocking if an HCP charged a patient WWW.LAWYER-MONTHLY.COM 41
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