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April 27, 2023

FCA - A Pseudo Private Right of Action for the Information Blocking Rule?

The Information Blocking Rule went into full effect on October 6, 2022. The Information Blocking Rule prohibits certain health care organizations / providers from engaging in conduct that is likely to interfere with the access, exchange, or use of electronic health information (EHI), except as required by law or specified in an information blocking exception. Regulations around enforcement of IBR have not been finalized, and there has not been any enforcement of IBR thus far.

However, the False Claims Act could provide a way for private individuals to pursue those violating IBR. Electronic Health Record systems that have been certified as Certified Health IT (in order to participate in Medicare and Medicaid Electronic Health Records Incent

Sean McKenna
, Spencer Fane
Melissa Soliz, Coppersmith Brokelman
Matthew Buchbinder, NexHealth

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