The largest trade groups for U.S. hospitals and physician practices both expressed disappointment in HHS' final rule on information-blocking penalties, saying they could harm both healthcare providers and patients.
HHS published disincentives June 24 for providers that unreasonably interfere with the access, exchange or use of electronic health information, including stripping hospitals of meaningful use incentives, reducing Merit-based Incentive Payment System scores, and blocking participation in ACOs under the Medicare Shared Savings Program.
The American Hospital Association said the penalties could "threaten the financial viability of economically fragile hospitals."
"AHA is disappointed that HHS chose to disregard most of the comments they received and is highly concerned that the disincentive structure retained in the final rule is excessive, confusing and imbalanced," the organization stated June 24.
The Medical Group Management Association, meanwhile, said enforcing a score of zero points in MIPS' Promoting Interoperability category ensures that "offending groups will likely receive a negative payment adjustment to every Medicare claim for an entire payment year."
"HHS could have chosen to work with providers to implement corrective action plans, but instead finalized unnecessarily punitive penalties that will financially damage practices and negatively impact Medicare patients," MGMA stated June 24. "Preventing practices and ACOs from participating in MSSP runs counter to the transition to value-based care and undercuts the ability of providers within the ACO framework to succeed.
HHS Secretary Xavier Becerra stated June 24 that the rule is crafted to "ensure we always have access to our own health information and that our care teams have the benefit of this information to guide their decisions."