HHS Announces Crackdown on Information Blocking to Empower Patients and Innovators

What You Should Know: - The U.S. Department of Health and Human Services (HHS) has announced a new initiative to increase resources dedicated to curbing the practice of "information blocking". - Secretary Robert F. Kennedy, Jr. has directed HHS to take active enforcement against healthcare entities that restrict patients’ access, exchange, and use of electronic health information. Empowering Patients and Innovators The announcement states Information blocking was not allegedly a priority under the Biden Administration, but that has changed under President Trump and Secretary Kennedy. The 21st Century Cures Act of 2016 authorized 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 to hold violators accountable. Deputy Secretary of Health and Human Services Jim O’Neill stated that unblocking the flow of health information is "critical to unleashing health IT innovation and transforming our healthcare ecosystem". Many patients rely on access to their health information to monitor chronic conditions, adhere to treatment plans, and find errors in their records. According to Acting Inspector General Juliet T. Hodgkins, providers and certain health IT entities have a "legal duty" to ensure that information flows where and when it's needed. She added that the HHS-OIG will use all available authorities to investigate and hold violators accountable. Dr. Tom Keane, Assistant Secretary for Technology Policy and National Coordinator for Health Information Technology, noted that ASTP/ONC has already begun reviewing reports of information blocking and is providing technical assistance to the OIG for investigations. Consequences of Non-Compliance The announcement serves as a warning to those still engaging in information blocking. The consequences for violators can be substantial: For healthcare providers: They could be subject to disincentives under certain CMS programs. For certified health IT developers, health information networks, or health information exchanges: They could face a civil monetary penalty of up to $1M per violation. Their certifications could also be terminated, and they could be banned from the Certification Program. The announcement is also a call to action for patients, providers, payers, and health IT companies to report alleged information blocking through ASTP/ONC’s Report Information Blocking Portal.

What You Ought to Know:

– The U.S. Department of Health and Human Services (HHS) has introduced a brand new initiative to extend sources devoted to curbing the observe of “information blocking“.

– Secretary Robert F. Kennedy, Jr. has directed HHS to take lively enforcement in opposition to healthcare entities that prohibit sufferers’ entry, alternate, and use of digital well being info.

Empowering Sufferers and Innovators

The announcement states Data blocking was not allegedly a precedence underneath the Biden Administration, however that has modified underneath President Trump and Secretary Kennedy. The twenty first Century Cures Act of 2016 licensed the Workplace of the Assistant Secretary for Know-how Coverage/Workplace of the Nationwide Coordinator for Well being IT (ASTP/ONC) and the HHS Workplace of Inspector Normal (OIG) to take enforcement actions to carry violators accountable.

Deputy Secretary of Well being and Human Providers Jim O’Neill acknowledged that unblocking the circulation of well being info is “vital to unleashing well being IT innovation and reworking our healthcare ecosystem”. Many sufferers depend on entry to their well being info to watch power situations, adhere to therapy plans, and discover errors of their information.

In line with Appearing Inspector Normal Juliet T. Hodgkins, suppliers and sure well being IT entities have a “authorized responsibility” to make sure that info flows the place and when it’s wanted. She added that the HHS-OIG will use all out there authorities to research and maintain violators accountable. Dr. Tom Keane, Assistant Secretary for Know-how Coverage and Nationwide Coordinator for Well being Data Know-how, famous that ASTP/ONC has already begun reviewing reviews of data blocking and is offering technical help to the OIG for investigations.

Penalties of Non-Compliance

The announcement serves as a warning to these nonetheless participating in info blocking. The implications for violators will be substantial:

For healthcare suppliers: They might be topic to disincentives underneath sure CMS packages.
For licensed well being IT builders, well being info networks, or well being info exchanges: They might face a civil financial penalty of as much as $1M per violation. Their certifications may be terminated, they usually might be banned from the Certification Program.

The announcement can also be a name to motion for sufferers, suppliers, payers, and well being IT firms to report alleged info blocking by ASTP/ONC’s Report Information Blocking Portal.

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