On Dec. 29, 2023, the AAMC submitted comments to the Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) and the Centers for Medicare & Medicaid Services (CMS) in response to proposed information blocking disincentives for health care providers [refer to Washington Highlights, Nov. 3, 2023]. The letter noted that providers need greater clarity on the information blocking rules, and that the HHS Office of Inspector General, tasked with investigating claims of information blocking, should prioritize individualized education and that the CMS should delay the assessment of any financial disincentives through Medicare programs to allow providers to self-correct.
Additionally, the AAMC’s letter urged the agencies to ensure that providers have meaningful opportunities to address allegations of information blocking and have the same appeal rights as other regulated actors. Specific to the proposed disincentives through the Medicare Promoting Interoperability Program, Merit-based Incentive Payment System, and Medicare Shared Savings Program, the letter urged the ONC and the CMS to adopt alternative approaches in consideration of the grossly underestimated economic and public health impacts of the proposals.