The Department of Health and Human Service’s Office of the Inspector General says information blocking may affect electronic health records safe harbor protections under the federal anti-kickback statute.

According to an OIG industry alert released this week, one of the EHR safe harbor conditions requires that “the donor (or any person on the donor’s behalf) does not take any action to limit or restrict the use, compatibility, or interoperability of the items or services with other electronic prescribing or EHR systems.”

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