Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

New Implementation Requirements for Cures Act Final Rule Become Effective This Fall

By John W. Kaveney & GRSD Healthcare Team on July 10, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

In 2016, Congress passed the 21st Century Cures Act to drive the electronic access, exchange, and use of health information. On March 9, 2020, the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health IT (ONC) released its Final Rule, which established exceptions to the Act’s information blocking provision and adopted new health information technology certification requirements to enhance patients’ no-cost smartphone access to their health information through the use of application programming interfaces (APIs).

For the past two years, healthcare providers have been working to implement the various requirements of the Cures Act Final Rule and comply with ONC’s implementation timeline. Coming up later in 2022 are two new requirements impacting both providers and health IT developers.

First, beginning on October 6, 2022, the electronic health information definition will expand and no longer be limited to the data elements represented in the United States Core Data for Interoperability (USCDI). Thus, healthcare providers will need to be prepared to provide their patients with access to this additional information. Also, health IT developers will need to adopt the new HL7 FHIR APIs, which will further promote interoperability by allowing patients to aggregate their health information more easily. Health IT developers will also need to certify to several new certification criteria to promote new standards for data access and exchange.

Healthcare providers should be working hand-in-hand with their health IT developer to ensure that these new requirements are being met in order to avoid facing claims of information blocking. Providers must remain focused as these additional Cures Act Final Rule requirements take effect, further changing the landscape of patients’ rights to access their personal health information and placing new obligations on providers to make this information accessible. Additionally, this is a good time for providers to confirm that their internal procedures continue to follow all Cures Act Final Rule requirements to ensure that any limitation on the access of patient information falls within one of the information blocking exceptions, as enforcement activities are expected to increase at some point during the remainder of 2022 or possibly into 2023.

Photo of John W. Kaveney John W. Kaveney

Partner, Healthcare and Litigation

John provides legal guidance to healthcare sector clients on a broad variety of topics, including Medicare/Medicaid reimbursement issues, corporate compliance, data privacy and cybersecurity concerns, healthcare provider licensure and medical staffing concerns, involuntary commitment laws, and general healthcare regulatory…

Partner, Healthcare and Litigation

John provides legal guidance to healthcare sector clients on a broad variety of topics, including Medicare/Medicaid reimbursement issues, corporate compliance, data privacy and cybersecurity concerns, healthcare provider licensure and medical staffing concerns, involuntary commitment laws, and general healthcare regulatory support. He represents a diverse roster of healthcare entities, including for-profit and nonprofit hospitals and health systems, academic medical centers, individual physicians and physician groups, ambulatory surgery centers, ancillary service providers, medical billing companies, skilled nursing and rehabilitation facilities, behavioral health centers and pharmacies.

John advises on Medicaid reimbursement matters before the New Jersey Division of Medical Assistance and Health Services (DMAHS), which administers the state’s Medicaid programs, and handles Medicare reimbursement disputes, both in New Jersey and in numerous other states, before the federal Provider Reimbursement Review Board (PRRB).

In the area of corporate compliance, John supports clients on matters including the implementation of new, and the assessment and improvement of existing, compliance programs. He assists healthcare clients in navigating compliance audits, internal investigations, and governmental investigations related to compliance issues, including potential violations of the federal Stark Law, Anti-Kickback Statute (AKS), and Civil Monetary Penalties law (CMP). He further provides general guidance concerning compliance and regulatory matters under state and federal healthcare laws.

On issues related to information privacy and cybersecurity at the intersection of healthcare law, John assists providers with issues arising under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH). This includes the implementation and assessment of privacy and security policies and procedures to ensure the proper protection and utilization of protected health information (PHI) both by healthcare providers and the business associates with which they contract. In addition, he represents healthcare clients in investigating, reporting, and remediating information breaches and the liability such breaches create under various information privacy and security laws.

John also counsels healthcare providers with professional licensure issues and advises hospitals and health systems regarding their medical staff bylaws and corresponding policies and procedures, as well as assisting with internal investigations of medical staff members and the corresponding disciplinary process. He further provides legal guidance related to New Jersey’s involuntary commitment laws, and provides representation in civil litigation.

John serves as Editor-In-Chief of Healthcare Perspectives, Greenbaum’s blog covering issues of interest to the healthcare industry.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

jkaveney@greenbaumlaw.com | 973.577.1796 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

Read more about John W. KaveneyEmail
Show more Show less
GRSD Healthcare Team

Healthcare Practice

From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals. The attorneys in the Healthcare…

Healthcare Practice

From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals. The attorneys in the Healthcare practice at Greenbaum, Rowe, Smith & Davis possess a sophisticated understanding of the unique healthcare business environment, both here in New Jersey and beyond.

The members of the firm’s healthcare team counsel a roster of clients that includes many of New Jersey’s foremost healthcare systems, hospitals and medical facilities, medical staffs, organized delivery systems (ODSs), clinically integrated networks (CINs), independent practice associations (IPAs), physicians and physician group practices, dentists and dental practices, physician and hospital-physician joint ventures, pharmaceutical companies, managed care organizations, home health agencies, nursing homes, behavioral health organizations, healthcare industry vendors, medical device manufacturers, management service organizations (MSOs), private equity firms, and industry-associated financial and corporate entities. This inclusive representation has propelled the team to statewide and national prominence within the healthcare field.

Our comprehensive healthcare practice encompasses numerous areas of focus. The attorneys in this practice area possess the requisite targeted expertise and hands-on experience to effectively represent a broad range of healthcare industry clients across a spectrum of legal concerns

Visit our website to contact the Healthcare Practice.

Email
Show more Show less
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo