Guest post by Alya Sulaiman and James A. Cannatti III, Partners with McDermott, Will & Emery LLP

On Sept. 1, 2023, the HHS Office of Inspector General (OIG) began enforcing rules against information blocking in healthcare – authority it was granted under the 21^st Century Cures Act – putting certified health IT developers, HINs, and HIEs at risk of civil monetary penalties (CMPs) of up to $1 million for each confirmed violation. (Ultimately, healthcare providers will also be subject to disincentives for information blocking not yet published by HHS.) The EHR Association’s membership is committed to preventing information blocking and supporting efforts to share electronic health information (EHI) to better patient care. Part of that is arming impacted health IT developers with as much information as possible to help them – and by extension, their customers – comply with current and future regulations to help protect themselves from potentially crippling penalties.