CMS is continuing to use discretion on enforcing payer data exchange guidelines introduced in a May 2020 interoperability rule, HHS stated in a Dec. 7 notice.
CMS issued similar guidance in September, but the most recent messaging claims there will be leniency into 2022. The rule is slated to be effective Jan. 1, 2022.
"We are now announcing that we expect to extend this exercise of enforcement discretion of the payer-to-payer data exchange requirement until we are able to address the identified implementation challenges through future rulemaking," the notice stated. "We anticipate providing an update on any evaluation of this enforcement discretion notification and related actions during calendar year 2022."
Payer lobbyists raised concerns shortly before the rule was introduced that the enforcement discretion period was too short to allow insurers to adjust to the new requirements.