HHS Steps Up Enforcement of Information Blocking in Healthcare

Strategic Insights -

Healthcare providers, health IT developers, and health information exchanges are facing increased scrutiny from the Department of Health and Human Services (HHS) regarding information blocking. Secretary Robert F. Kennedy Jr. has directed resources to investigate and enforce these rules, which are designed to ensure the free flow of patient health information. The HHS has already begun reviewing reports of information blocking and providing technical assistance to the Office of Inspector General (OIG) to assist its investigations. The Office of the Assistant Secretary for Technology Policy (ASTP/ONC) has also started to provide technical assistance to the HHS' Office of Inspector General (OIG) to assist its investigations. Certified health IT developers and health information networks could face penalties of up to $1 million per violation or have their certifications terminated. Medicare and Medicaid providers could be subject to disincentives under those programs.

Key Takeaways:

  • The HHS' investigation unit and health IT offices are stepping up enforcement of information blocking committed by providers, health IT developers, and health information exchanges.
  • Secretary Robert F. Kennedy Jr. has directed increased resources to investigate and enforce information blocking rules.
  • Certified health IT developers and health information networks could face penalties of up to $1 million per violation or have their certifications terminated.
  • Medicare and Medicaid providers could be subject to disincentives under those programs.
  • The HHS has already begun reviewing reports of information blocking and providing technical assistance to the OIG to assist its investigations.
  • Information blocking is still common among healthcare entities, despite being explicitly prohibited in the 2016 21st Century Cures Act.
  • Large EHR companies force digital health tools to undergo rigorous technical and procedural processes to connect their applications, which is a form of anticompetitiveness with their own native applications.
  • Unblocking the flow of health information is critical to unleashing health IT innovation and transforming the healthcare ecosystem.
  • The HHS has introduced a new voluntary interoperability framework, and healthcare organizations that align with it will be designated CMS Aligned Networks.

Statistics:

  • Up to $1 million per violation in penalties for certified health IT developers and health information networks.
  • 60 major healthcare and tech companies have signed voluntary commitments to advance interoperability.
  • The CMS has unveiled a new voluntary interoperability framework.
  • The HHS has already begun reviewing reports of information blocking.

Sources:

  • (Source: HHS Press Release)
  • (Source: ASTP/ONC)
  • (Source: CMS)
  • (Source: Connected Health Initiative)
  • (Source: Premier)