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For The Record
E-Newsletter    December 2023
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Editor's E-Note

A new information blocking rule may have caught you off guard. Joe Licata, the chief operating officer and general counsel for HealthMark Group, shows you how to get up to speed.

In addition to reading our e-newsletter, be sure to visit For The Record’s website at www.fortherecordmag.com. We welcome your feedback at edit@gvpub.com. Follow For The Record on Facebook and X, formerly known as Twitter, too.

Kate Jackson, editor
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Information Blocking: It’s Time for Providers to Get in the Game

By Joe Licata

The release of information space continues to be a regulatory balancing act. For a number of years after HIPAA was enacted, the focus on protecting patient privacy was so strong that it led many people to think the “P” in HIPAA stands for privacy. (It doesn’t.) For the last several years, regulators have been keenly focused on expanding patient access. Now, information blocking (focus: access) is back in the news thanks to a new proposed rule related to provider-based disincentives.

Information blocking enforcement started with a focus on developers of health care IT, health information networks, and exchanges, with a June 2023 Final Rule that established penalties for that audience. Then in November, Health and Human Services’ Office of the National Coordinator for Health Information Technology, along with CMS, issued a proposed rule that outlines disincentives for health care providers. So, if you’ve been watching all this from the sidelines as a provider because enforcement was focused elsewhere, that just changed. Now is the time to get in the game.

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