Last week, the U.S. Department of Health and Human Services (HHS) announced that Secretary Robert F. Kennedy, Jr. has directed HHS to boost resources dedicated to stopping the practice of information blocking. HHS will actively enforce measures against healthcare entities that hinder patients’ engagement in their care by blocking access, exchange, and use of electronic health information, the press release stated.
“Information blocking is defined as a practice that is likely to interfere with the access, exchange, or use of electronic health information, except as required by law or specified in one of nine information blocking exceptions that HHS carved out,” Healthcare Info Security’s Marianne Kolbasuk McGee explained. “Experts said that HHS' information blocking enforcement push appears to mesh with the administration's other recent so-called, "make health technology great again" initiative.”
“Empowering individuals to take control of their health is a key element of Secretary Kennedy’s Make America Healthy Again promise, which requires them to have easy access to their electronic health information, either through zero-cost access through their healthcare providers or their chosen health apps,” Steve Alder wrote for The HIPAA Journal.
The 21st Century Cures Act of 2016 authorizes the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health IT (ASTP/ONC) and the HHS Office of Inspector General (OIG) to take enforcement actions against those who block patient information and prevent future violations. As a result, ASTP/ONC, the primary federal agency responsible for coordinating nationwide efforts to implement and utilize advanced health information technology, and the OIG, the main investigative division of HHS, will take leading roles in this initiative, HHS announced.
“We will take appropriate action against any health care actors who are found to be blocking health data for patients, caregivers, providers, health innovators, and others,” Deputy Secretary of HHS Jim O’Neill said in a statement.
“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,” Acting Inspector General Juliet T. Hodgkins said in a statement.
“ASTP can terminate a certified health IT developer’s certifications under the Health IT Certification Program for information blocking in violation of ASTP’s health IT certification requirements,” lawyers with McDermott, Will and Shulte wrote in a detailed post on their website. They recommend that certified health IT developers and healthcare providers review certified API practices.
