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- This final rule exercises the Secretary’s authority under the 21st Century Cures Act (Cures Act) to establish “disincentives” for health care providers who engage in practices that the health care providers knew were unreasonable and were likely to interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information (EHI), except as required by law or covered by a regulatory exception.
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What does HHS' final rule mean for health care providers?
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What is the Nondiscrimination in health programs and activities final rule?
Are Medicare payments covered under the final rule?
What is HHS' 1557 final rule?
Why is HHS taking a critical step toward a health care system?
Apr 26, 2024 · Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) issued a final rule under Section 1557 of the Affordable Care Act (ACA) advancing protections against discrimination in health care.
- Office For Civil Rights (OCR)
Jul 11, 2024 · For the purposes of information blocking, “health care provider” is defined in 45 CFR 171.102 as it is in section 3000 of the Public Health Service Act (PHSA). The 45 CFR 171.102 health care provider definition includes: hospital • a pharmacist • a rural health clinic.
What does this change mean for health insurers? In the Final Rule, OCR applies a broad and far-reaching interpretation of who is covered by Section 1557. With respect to health insurance coverage and other health-related coverage, additional entities will be brought under the scope of Section 1557, including issuers of STLDHI and excepted ...
- The Church Amendments
- Public Health Service Act § 245
- The Weldon Amendment
- The Affordable Care Act
- Other Authorities
The conscience provisions contained in 42 U.S.C. § 300a-7 et seq., collectively known as the “Church Amendments,” were enacted in the 1970s to protect the conscience rights of individuals and entities that object to performing or assisting in the performance of abortion or sterilization procedures if doing so would be contrary to the provider’s rel...
Enacted in 1996, section 245, contained in 42 U.S.C. § 238n, prohibits the federal government and any state or local government receiving federal financial assistance from discriminating against any health care entity on the basis that the entity: 1) refuses to undergo training in the performance of induced abortions, to require or provide such tra...
The Weldon Amendmentwas originally passed as part of the HHS appropriation and has been readopted (or incorporated by reference) in each subsequent HHS appropriations act since 2005. It provides that “[n]one of the funds made available in this Act [making appropriations for the Departments of Labor, Health and Human Services, and Education] may be ...
The Affordable Care Act (Pub. L. No. 111-148 as amended by Pub. L. No. 111-152) includes health care provider conscience protections within the health insurance Exchange program. Section 1303(b)(4) of the Act provides that “No qualified health plan offered through an Exchange may discriminate against any individual health care provider or health ca...
OCR also accepts complaints alleging violations of a number of conscience and religious nondiscrimination protections in the Medicare and Medicaid programs, as well as various other programs across the Department, including under provisions related to compulsory health care services generally (42 U.S.C. 1396f and 5106i(a)), hearing screening progra...
- Office For Civil Rights (OCR)
Jul 1, 2024 · The Final Rule establishes the final information blocking enforcement mechanism required by the Cures Act: “appropriate disincentives” for health care providers. The Final Rule’s appropriate disincentives apply to eligible hospitals, CAHs, and eligible clinicians 13 that participate in Medicare EHR Incentive Programs and ACOs, ACO ...
Apr 30, 2024 · In addition to other extensive requirements addressing access to and receipt of healthcare services for vulnerable populations, the Final Rule imposes obligations on covered entities to conduct reasonable diligence to identify potentially discriminatory output of their use of clinical algorithms.
