Information Blocking Disincentives for Providers (42 CFR 414.1305, 412.140, 482.24)
CMS finalized disincentives for providers found to have committed information blocking by HHS OIG, applied through the MIPS Promoting Interoperability category, hospital Promoting Interoperability program, and Medicare Shared Savings Program.
Primary source
Federal Register Vol. 89, No. 130 (Jul 1, 2024) — Information Blocking Disincentives Final Rule →https://www.federalregister.gov/documents/2024/07/01/2024-14138/21st-century-cures-act-establishment-of-disincentives-for-health-care-providers-that-have-committed
Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.
Additional sources
The 2024 Disincentives Final Rule (89 FR 54662) established the disincentives that apply when HHS OIG finds a provider has committed information blocking. Effective July 31, 2024.
Three disincentive programs:
- MIPS Promoting Interoperability category: an eligible clinician found by OIG to have committed information blocking is treated as not a meaningful EHR user for the performance year, scoring zero on that category (currently 25% of MIPS score).
- Hospital Promoting Interoperability: an eligible hospital or CAH found to have committed information blocking is not a meaningful EHR user for the EHR reporting period, losing 75% of the Annual Payment Update increase for that year.
- Medicare Shared Savings Program: an ACO, ACO participant, or ACO provider/supplier found to have committed information blocking may be denied participation, removed from an ACO, or have shared savings reduced or eliminated.
Provider disincentives operate alongside the developer/HIN CMPs administered by OIG. Both pathways flow from the same OIG determination.
Practical impact for small practices: the MIPS Promoting Interoperability zero (rather than the prior partial-credit floor) makes a single information-blocking finding materially expensive within MIPS.
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Related across the archive
- RegulationInformation Blocking Actors (45 CFR 171.102)Three classes of actors subject to information blocking: health care providers, health IT developers of certified health IT, and health information networks/exchanges.
- RegulationInformation Blocking Eight Exceptions (45 CFR 171.200-303)The eight regulatory exceptions to information blocking: preventing harm, privacy, security, infeasibility, health IT performance, content and manner, fees, and licensing.
- RegulationInformation Blocking Rule Overview (45 CFR Part 171)The 21st Century Cures Act information blocking provisions and the ONC rule prohibiting actions by providers, health IT developers, and HINs/HIEs that interfere with electronic health information access, exchange, or use.
- RegulationInformation Blocking: Electronic Health Information Definition (45 CFR 171.102)EHI is the full electronic Designated Record Set as defined by HIPAA at 45 CFR 164.501 (since October 6, 2022), broader than the USCDI subset that applied during the initial phase.
Last reviewed May 23, 2026 · Citation verified May 23, 2026
Research aid, not legal advice. This summary is an administrative research aid prepared by D3rx. It does not certify compliance, provide legal advice, replace counsel, or guarantee an audit outcome. For authoritative regulatory text follow the primary source link at the top of this page. The practice remains responsible for reviewing, adopting, and maintaining its compliance program.