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HHS-OIG’s New Health Information Blocking Rule: Covered Actors; Costly Violations; Federal Interagency Coordination

Priority of Investigations; CMP Assessment; Best Practices for Compliance

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 12, 2023

Recorded event now available

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This CLE webinar will discuss the recently published rule that empowers the Department of Health and Human Services Office of Inspector General (HHS-OIG) to impose civil monetary penalties (CMPs) of up to $1 million per violation for unlawful acts of information blocking beginning Sept. 1, 2023. The panel will describe who is subject to the new rule, OIG's enforcement priorities, interagency cooperation, and how CMPs may be assessed. The panel will also provide key considerations and best practices for compliance.


On July 3, 2023, HHS-OIG issued a final rule (CMP Rule) that empowers the agency to impose CMPs of up to $1 million per violation for unlawful acts of information blocking in violation of the 21st Century Cures Act. Enforcement begins Sept. 1, 2023.

Under the CMP Rule, any health information network and exchange (HIN/HIE), health IT developer, or healthcare provider that meets the statutory definition of one of these actors, who knows, or should know, that it engaged in a practice that is likely to interfere with access, exchange, or use of electronic health information (unless an exception applies) may be subject to a costly CMP. This means that penalties may be imposed whether or not any actual interference occurs as long as the party has the requisite intent.

OIG's enforcement will be complaint-driven and involve coordination with other regulatory agencies where information blocking violations raise issues within the other agencies' purview. Therefore, counsel should ensure their clients' business practices are compliant across their organizations.

Although the CMP Rule does not apply to healthcare providers generally, counsel should determine whether their healthcare provider clients meet the statutory definition of a developer or HIN/HIE subject to CMPs. Additionally, counsel should be aware of an upcoming HHS proposed rule that would make healthcare providers subject to “appropriate disincentives” set forth by HHS.

Listen as our expert panel discusses the final CMP Rule including who qualifies as information blocking actors and how OIG will prioritize and enforce complaints. The panel will also address interagency cooperation and how it may impact regulated entities, as well as provide best practices for assisting clients with organizational compliance.



  1. Overview of 21st Century Cures Act
    1. Definition of information blocking
    2. Exceptions
    3. Information blocking actors
  2. The final CMP Rule
    1. Purpose
    2. Information blocking actors
    3. Complaint enforcement
      1. Prioritizing investigations
      2. Interagency coordination
        1. ONC
        2. OCR
        3. FTC
        4. Others
    4. Assessing CMPs
    5. Why healthcare providers should pay attention
  3. Future rulemaking related to information blocking
  4. Best practices for compliance


The panel will review these and other important issues:

  • Who is subject to the CMP Rule?
  • How does the CMP Rule affect healthcare providers?
  • What will be the effect of interagency cooperation?
  • How can counsel help clients prepare for compliance across their organizations?
  • What is the status of ongoing rulemaking related to information blocking?


Metnick, Carolyn
Carolyn V. Metnick

Sheppard Mullin

Ms. Metnick represents a range of healthcare industry clients, including hospitals and health systems, physician...  |  Read More

Ouellette, Pat
Pat G. Ouellette

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

Mr. Ouellette focuses his practice on representing healthcare organizations and is a Certified Information Privacy...  |  Read More

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