CMS’ Interoperability and Patient Access Final Rule Soon to Be Enforced

On May 1, 2020, the Centers for Medicare and Medicaid Services (“CMS”) published final rule CMS-9115-F known as the Interoperability and Patient Access final rule.  “This final rule is the first ehrsiner_770-300x200phase of policies centrally focused on advancing interoperability and patient access to health information.”  85 Fed. Reg. 25511.  CMS states that this rule “puts patients first by giving them access to their health information when they need it most, and in a way they can best use it.”  Policies and Technology for Interoperability and Burden Reduction,  The rule requires coordinated communication between patients, providers, and payers.  These changes largely require the use of improved and updated technology, and CMS provides implementation support here.  Although many of the requirements under the final rule went into effect on January 1, 2021, because of the hardships posed by COVID-19, “CMS will not enforce these requirements until July 1, 2021.”  Id.

Payors carry the brunt of this regulatory change.  Without detailing all requirements under the rule, a few are as follows.  CMS-regulated payors must maintain a secure, standards-based application programming interface (API) that will support the exchange of patient electronic health information (“EHI”).  These payers must also maintain a patient-facing API allowing patients to access their EHI, including information about claims and costs, and make provider directory information publicly available through an API.  Further, payors are required to implement a process for exchanging data, which is not required until January 1, 2022.

Governed hospitals will soon have a duty to send event notifications of a patient’s hospital “admission, discharge, and/or transfer to another healthcare facility or to another community provider or practitioner” to “improve care coordination.”  Interoperability and Patient Access Fact Sheet, (Mar. 9, 2020).  CMS-regulated providers are encouraged to register all interoperability digital contact information through the National Plan and Provider Enumeration System (NPPES).  A list of providers who fail to do so will be publicly available as a way to incentivize compliance.  Landi, H., CMS’ New Interoperability Rule Requires Major Changes for Payers, Hospitals.  Here are 6 Key Elements, Fierce Healthcare (Mar. 9, 2020).

This final rule, along with the Office of National Coordinator 21st Century Cures Act, should, overtime, improve patient care and coordination and give patients more control over their own EHI.  Although the majority of the burden falls on the payors, all stakeholders need to remain alert to ensure compliance with the final rule and new rules as they will inevitably come after this first phase.  For example, on December 11, 2020, our firm published a blog on CMS’s proposed rule promoting electronic access to health information, which is a rule that intends to build on the final rule.

If you have questions regarding this blog post or how the final rule may impact your healthcare business or practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, You may also learn more about our law firm by visiting

*Disclaimer: Thoughts shared here do not constitute legal advice


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