HHS Intensifies Enforcement of Information Blocking: What Health Systems Need to know Now
The Department of Health and Human Services (HHS) is signaling a notable shift: a more aggressive approach to enforcing information blocking regulations. This means heightened scrutiny for health systems and a critical need to review your data-sharing practices now. This article breaks down what you need to understand and the steps you should take to ensure compliance.
What’s Driving the Change?
Recent announcements from the Office of the National Coordinator for Health Information technology (ONC) and HHS demonstrate a commitment to upholding the 21st Century Cures Act. The Act aims to improve interoperability and patient access to health information. Developers certified under the ONC Health IT Certification Program now face potential penalties, including certification termination, for violations related to information blocking or failing to meet certification conditions.
This increased focus coincides wiht leadership changes within HHS and the Centers for Disease Control and Prevention (CDC). Robert F. Kennedy Jr. is currently serving as HHS Secretary, with Jim O’Neill as Deputy Secretary and Acting CDC Director. Juliet T. Hodgkins leads HHS’s Office of Inspector General (OIG) as Acting Inspector General,and Tom Keane,MD,is the new National Coordinator at ONC. HHS is increasingly using the ASTP/ONC branding in its publications, further solidifying this unified approach.
How to Report Suspected Information Blocking
HHS encourages anyone – patients, clinicians, payers, public health entities, and health IT companies – to report potential information blocking through ONC’s reporting portal. Complaints will be reviewed, potentially leading to inquiry by the OIG, with technical support provided by ASTP/ONC.
What This Means for Your Health System: 3 Key Action Items
This isn’t simply a regulatory update; it’s a call to action. Here’s what you need to do to prepare your organization:
Tighten Exception Workflows: Re-examine how your organization documents exceptions to information blocking requirements. This includes justifications like “Preventing Harm,” “Privacy,” “security,” and ”Infeasibility.” Ensure your staff can efficiently route, assess, and respond to electronic health information (EHI) requests within the mandated timeframes.
Audit Vendor and HIE Contracts: Verify that your contracts with developers and Health Information Exchanges (HIEs) include enforceable certification conditions and anti-information-blocking terms. Pay close attention to the potential penalties outlined in the OIG’s framework.
Prepare for OIG/CMS Coordination: Understand which of your facilities and clinicians are subject to potential disincentives from the Centers for Medicare & Medicaid Services (CMS). Determine how a negative finding coudl impact program participation and your revenue cycle.
Understanding the Potential Penalties
The stakes are rising. CMS has finalized a rule outlining disincentives for hospitals and clinicians who engage in information blocking. The OIG is also prepared to levy penalties, as outlined in their framework. These could range from financial sanctions to restrictions on program participation.
A Proactive Approach is Essential
HHS is clearly signaling a more assertive stance on data-sharing barriers. Don’t wait for a notice from the OIG. Now is the time to:
Refresh your compliance playbooks.
Stress-test your ability to deliver timely, compliant access to patient data.
Assume heightened scrutiny of your data-sharing practices.
By taking a proactive approach, you can protect your organization, ensure patient access to their health information, and contribute to a more interoperable healthcare system.
Resources:
ONC Reporting Portal
replace with actual link*”>OIG Penalty framework
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