Publication of Final Rule on MMSEA Section 111 Reporting Civil Monetary Penalties Delayed

By Barrye Panepinto Miyagi, JD, CMSP-F

The CMS deadline for publishing the final rule on Section 111 reporting Civil Monetary Penalties (“CMPs”) has been extended to February 18, 2024. See our prior blog for a summary on Section 111 reporting and CMPs. Notice of the extension was released late last week along with an explanation for the delayed final rule, specifically that CMS needs additional time to prepare and evaluate data and model potential penalties that would be imposed were the final rule in place. In the meantime, CMS is evaluating reporting errors. See Top 10 Section 111 NGHP Reporting Errors which can be found on the CMS webpage.

Reporting entities should be aware that CMS generates response files after an entity successfully submits a Section 111 report. Response files may be used by the reporting entity to confirm the submission of the report and to identify reporting errors. As indicated in our prior blog, and according to the Notice of Proposed Rulemaking, reporting errors may form the basis for CMPs.

If you have questions about monitoring Section 111 submissions, interpreting response files, and/or correcting errors on response files, please contact Barrye Miyagi or Shannon A. Shelton at