Basis for Civil Money Penalties for Information Blocking Sample Clauses

Basis for Civil Money Penalties for Information Blocking. OIG proposed a basis for the CMP for information blocking at 42 CFR 1003.1400. In setting forth the basis for the CMP in the proposed rule, we proposed that we may impose a CMP against any individual or entity as defined in 45 CFR 171.103(b) that commits information blocking, as defined in 45 CFR part 171. We also proposed that OIG’s enforcement would rely on the regulatory definitions set forth by ONC in the ONC Final Rule. Commenters agreed with XXX’s proposed approach but requested clarification as to how OIG would interpret the definitions set forth in 45 CFR 171.103(a)(2). We note that since the publication of the proposed rule, ONC has published the ONC interim final rule (IFR) (85 FR 70064, November 4, 2020) that clarified that 45 CFR 171.103(a)(2) refers to health IT developers of certified health IT rather than health information technology developers. In this final rule, we finalize 42 CFR 1003.1400 as proposed with a technical correction that incorporates 45 CFR 171.103(a)(2) instead of 45 CFR 171.103(b) and a slight language change to reflect our intent.