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| Subpart N | CMPs for Information Blocking | 1003.1400 – 1003.1420 | |||||||||
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42 U.S.C. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2).
51 FR 34777, Sept. 30, 1986, unless otherwise noted.
88 FR 42841, July 3, 2023, unless otherwise noted.
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88 FR 42841, July 3, 2023, unless otherwise noted.
The OIG may impose a civil money penalty against any individual or entity described in 45 CFR 171.103(a)(2) that commits information blocking, as set forth in 45 CFR part 171.
The OIG may impose a penalty of not more than $1,000,000 per violation.
(a) For this subpart, violation means a practice, as defined in 45 CFR 171.102, that constitutes information blocking, as set forth in 45 CFR part 171.
(b) [Reserved]
In considering the factors listed in § 1003.140, the OIG shall take into account:
(a) The nature and extent of the information blocking including where applicable:
(1) The number of patients affected;
(2) The number of providers affected; and
(3) The number of days the information blocking persisted; and
(b) The harm resulting from such information blocking including where applicable:
(1) The number of patients affected;
(2) The number of providers affected; and
(3) The number of days the information blocking persisted.