HHS says it will 'crack down' on health data blocking

Secretary Robert F. Kennedy Jr. has directed the Department of Health and Human Services to increase enforcement of information blocking, a practice engaged in by some providers and health information exchanges, the agency said this week.

HHS said it will take “active enforcement” against healthcare entities that restrict patients’ engagement in their care by blocking the access, exchange and use of electronic health information.

“Unblocking the flow of health information is critical to unleashing health IT innovation and transforming our healthcare ecosystem,” said HHS Deputy Secretary Jim O’Neill. “We will take appropriate action against any healthcare actors who are found to be blocking health data for patients, caregivers, providers, health innovators, and others.”

According to HHS, The 21st Century Cures Act of 2016 authorized the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health IT (ASTP/ONC) and HHS Office of Inspector General (OIG) to take enforcement actions against those who block patient information, and to prevent future violations.

Because of that, ASTP/ONC and OIG will play leading roles in the initiative, said HHS.

WHAT’S THE IMPACT

There are a number of consequences for entities that commit information blocking. Healthcare providers participating in certain Centers for Medicare and Medicaid Services programs could be subject to disincentives under those programs, for instance. Health IT developers, or organizations that meet the definition of a health information network or health information exchange, could face a civil monetary penalty of up to $1 million per violation.

Developers with products certified under the ONC Health IT Certification Program could have certifications terminated and be banned from the program, HHS said.

“Patients must have unfettered access to their health information as guaranteed by law. Providers and certain health IT entities have a legal duty to ensure that information flows where and when it’s needed,” said acting Inspector General Juliet T. Hodgkins. “HHS-OIG will deploy all available authorities to investigate and hold violators accountable. We are committed to enforcing the law and protecting patients’ access to health information.”

HHS sees the effort as essentially an extension of the ONC Cures Final Act, finalized during President Donald Trump’s first term, which maintained that patients should have easy and free electronic access to their data, and that providers should be able to choose the digital tools that allow them to deliver the best care.

Patients or others who have had information blocked, or who have witnessed it, can report it through ASTP/ONC’s Report Information Blocking Portal.

THE LARGER TREND

Last year, the American Hospital Association joined voices urging the Centers for Medicare and Medicaid Services and the Office of the National Coordinator not to finalize a proposed rule on information blocking, criticizing the Biden-era rule for its disincentive structure.

Financial penalties for providers found to have blocked information sharing would reduce reimbursement under the Traditional Medicare program, the AHA said.