The Department of Health and Human Services (HHS) is cracking down on information blocking, a practice that has proven difficult to eliminate despite existing penalties. Federal regulators are ramping up efforts to target organizations that hinder the free flow of electronic health data and are planning enforcement actions to hold them accountable.
The HHS, in a press release, announced its renewed focus on combating information blocking through the ASTP/ONC and the Office of Inspector General. The agencies are committed to using all available authorities to curb this practice. However, the specifics of the resources being allocated and the potential for harsher sanctions remain unclear.
Under regulations finalized in 2020, providers, health information exchanges, and health IT developers certified by ONC are mandated to share data freely with patients and other entities. While these rules have encouraged more electronic data sharing, interoperability remains a challenge across the country.
Criticism of the Biden administration’s enforcement of these rules prompted the HHS to finalize penalties for health IT vendors in 2023 and for providers in 2024. Delays were attributed to vague authority to penalize violators and entrenched business models that impede true interoperability.
Since the implementation of interoperability regulations in 2021, the ASTP/ONC has received over 1,300 reports of potential information blocking, leading to investigations by the HHS OIG. Enforcement actions have been limited, with penalties including loss of Medicare payments for providers and fines up to $1 million per violation for developers and networks.
The Trump administration’s initiative aims to strengthen information blocking enforcement and emphasize the consequences of non-compliance. Providers and entities found guilty could face severe penalties, including product decertification and significant fines.
Promoting consumer access to health data and technology aligns with the administration’s goal of empowering individuals to manage their health. Collaborations with major health and tech companies to enhance interoperability are key components of this strategy.
In conclusion, the HHS’s crackdown on information blocking underscores the importance of data sharing in healthcare. By enforcing existing regulations and holding violators accountable, the government aims to promote transparency and improve health outcomes for all.
