HHS Uplifts Healthcare by Ending Providers Blocking Access
The Department of Health and Human Services is increasing its focus on enforcing federal laws designed to prevent information blocking, a practice that obstructs access to electronic health records. The goal is to promote better data sharing among healthcare providers, patients, and developers to ensure interoperability in healthcare.
More than a thousand cases of restricted access to health records have been reported to HHS over recent years. Many of these cases involve providers who have resisted data sharing despite legal requirements. Micky Tripathi, HHS Assistant Secretary for Technology Policy, has highlighted the department’s commitment to tackling these issues.
What is Information Blocking
Information blocking refers to practices where healthcare providers or developers restrict access to or sharing of electronic health information. This limits the smooth exchange of patient data, making it harder for patients and providers to make informed decisions.
Some common ways information blocking occurs include:
– Blocking access to APIs (Application Programming Interfaces)
– Imposing fees or legal restrictions on data sharing
– Delaying responses to access requests beyond permitted timelines
These actions can undermine patient care, delay treatment, and disrupt the efficiency of the healthcare system.
The 21st Century Cures Act and Its Role
The 21st Century Cures Act, enacted in 2016, aims to improve healthcare by promoting the seamless exchange of electronic health records. The law prohibits information blocking, grants patients access to their health data, and encourages the use of APIs for better interoperability.
The act provides eight specific exceptions that permit temporary data blocking under certain conditions, such as security risks. Outside of these exceptions, providers must ensure that their systems support easy access and exchange of data.
The Office of the National Coordinator for Health Information Technology was created to oversee the enforcement of these requirements and address public complaints related to information blocking.
HHS Reports and Response to Violations
Between April 5, 2021, and September 30, 2024, HHS received over 1,095 complaints about information blocking. Most of these complaints came from patients, though clinicians have also faced challenges accessing records from other providers.
Despite the legal requirements, some providers continue to hinder access to stored patient data. Tripathi noted that the biggest challenge is behavioral resistance from providers rather than technical barriers.
Examples of information blocking include:
– Denying API access to physicians or developers
– Charging fees or imposing legal terms that prevent data sharing
– Delaying written responses to access requests
HHS Certification Program and Enforcement
HHS established the Health IT Certification Program in 2010 to promote compliance with standards for functionality, security, and privacy. Over 96 percent of hospitals and 78 percent of physician offices in the United States use certified electronic health record systems.
Providers who engage in information blocking may face serious consequences, including:
– Suspension or termination of their system certifications
– Exclusion from the certification program
– Ongoing review and monitoring of their compliance practices
If a developer’s practices are found to be non-compliant, HHS can revoke certification, which would prevent the use of their technology in healthcare settings.
Future Plans and Monitoring Efforts
HHS plans to increase oversight and monitoring of information-sharing practices. The department will enhance compliance by:
– Engaging API users and certification bodies to address issues
– Working with the Office of the Inspector General to investigate complaints
– Providing educational resources and guidance to healthcare providers
Tripathi emphasized that the department will implement stricter review processes at both the initial certification stage and throughout the ongoing maintenance of certification. He made it clear that providers and developers must comply with the law to avoid penalties.
In a recent post on social media, Tripathi stated, “We can do this the easy way… or the hard way,” signaling the seriousness of the department’s approach.
FAQs
1. What is the 21st Century Cures Act?
A. The 21st Century Cures Act is a federal law enacted in 2016 that promotes the exchange of electronic health records and prohibits information blocking.
2. What are some examples of information blocking?
A. Examples include blocking access to APIs, charging fees for data sharing, and delaying responses to data access requests.
3. What penalties can providers face for information blocking?
A. Providers may face suspension or termination of certification and exclusion from the Health IT Certification Program.
4. How does HHS ensure compliance with health IT regulations?
A. HHS ensures compliance through direct reviews, collaboration with certification bodies, and investigations by the Office of the Inspector General.
5. How many complaints about information blocking has HHS received?
A. HHS has received over 1,095 complaints between April 2021 and September 2024, with many involving restricted access to patient records.
Conclusion
HHS’s renewed focus on tackling information blocking reflects the importance of data accessibility and interoperability in healthcare. By enforcing the 21st Century Cures Act, the department aims to ensure that providers and developers adhere to regulations that promote transparency and improve patient care.
As healthcare continues to evolve, the department is committed to holding organizations accountable for their actions. The increased oversight and stricter enforcement measures indicate that behavioral changes are essential to achieving seamless data sharing across the healthcare ecosystem.
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