AMGA Objects to Proposed Punishments in ONC/CMS Info Blocking Rule
AMGA today objected to the proposed overly punitive approach to policing information blocking requirements in regulations proposed by the Office of the National Coordinator (ONC) and the Centers for Medicare & Medicaid Services (CMS). In a letter to the agencies, AMGA stated that providers will face penalties disproportionate to the potential harm caused by withholding or blocking electronic health information.
Alexandria, VA - AMGA today objected to the proposed overly punitive approach to policing information blocking requirements in regulations proposed by the Office of the National Coordinator (ONC) and the Centers for Medicare & Medicaid Services (CMS). In a letter to the agencies, AMGA stated that providers will face penalties disproportionate to the potential harm caused by withholding or blocking electronic health information. Instead, ONC and CMS should work with providers to correct any problems or compliance issues before imposing more stringent sanctions.
Under the proposed rule, if the Office of Inspector General (OIG) determines a healthcare provider within the Medicare Shared Savings Program (MSSP) engages in information blocking, the provider would face exclusion from the MSSP for a minimum of one year. Additionally, clinicians participating in the Merit-Based Incentive Payment System (MIPS) would receive a score of zero for the Promoting Interoperability category if the OIG determines the clinician engaged in information blocking throughout their reporting period calendar year. AMGA opposes the imposition of these penalties, as they are unduly severe and providers cannot appeal the decision.
“Patients should have access to their healthcare information,” said AMGA President and CEO Jerry Penso, MD, MBA. “But, just as with other aspects of care, AMGA recommends a collaborative approach to addressing this issue. These proposed penalties jump straight to punishment, when instead providers should have the opportunity to work with regulators to address any concerns or problems.”
AMGA recommends ONC and CMS revise the proposed rule to allow both for a corrective action plan and for providers to appeal the OIG’s findings. Providers should have the opportunity to work constructively with CMS and ONC in addressing any issues related to information blocking. Rather than resorting to punitive measures, regulators should collaborate with providers to rectify concerns within a reasonable timeframe.
The letter is available on the AMGA website.
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About AMGA
AMGA is a trade association leading the transformation of healthcare in America. Representing multispecialty medical groups and integrated systems of care, we advocate, educate, innovate, and empower our members to deliver the next level of high performance health. AMGA is the national voice promoting awareness of our members’ recognized excellence in the delivery of coordinated, high-quality, high-value care. More than 175,000 physicians practice in our member organizations, delivering care to one in three Americans.
AMGA represents medical groups and integrated systems of care. Its diverse membership includes multispecialty medical groups, integrated delivery systems, accountable care organizations, and other entities committed to improving healthcare outcomes. AMGA advocates for the formation of innovative, clinically integrated systems of care that advance population health, enhance patient experience, and reduce healthcare costs. For more information, please visit www.amga.org.