HHS to crack down on data blocking

The U.S. Department of Health and Human Services said it will increase enforcement against healthcare organizations that block access to electronic health information, citing the need to improve patient engagement and protect data rights.

Here are six things to know:

1. The effort, announced in a Sept. 3 press release, directs more resources to addressing information blocking, which occurs when entities restrict the access, exchange or use of electronic health data.
2. HHS said the Office of the Assistant Secretary for Technology Policy and the Office of the National Coordinator for Health IT, along with the HHS Office of Inspector General, will lead the initiative.
3. “Unblocking the flow of health information is critical to unleashing health IT innovation and transforming our healthcare ecosystem,” Deputy HHS Secretary Jim O’Neill said in the release.
4. Information blocking enforcement authority stems from the 21st Century Cures Act of 2016. Under the law, entities found to be engaging in the practice could face civil monetary penalties, disincentives in federal programs or termination from the ONC Health IT Certification Program, according to the department.
5. Acting Inspector General Juliet T. Hodgkins said in the release that providers and certain health IT companies have “a legal duty” to ensure information is available to patients and their caregivers.
6. HHS officials said they are already reviewing reports of blocking and providing technical support for investigations. Patients, providers and innovators are encouraged to report alleged incidents through a federal portal.

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