HHS to Enforce Penalties for Blocking Access to Electronic Health Data
TL/DR –
The US Department of Health and Human Services (HHS) announced plans to enforce penalties against healthcare entities that block patient and provider access to electronic health data. This stems from the 21st Century Cures Act, signed into law in 2016, which demands patients’ easy electronic access to their health information at no cost, and also requires health IT developers to make their systems accessible with no excessive fees or technical barriers. While data blocking reports have been low in recent years, penalties for violations could include unspecified Medicare and Medicaid “disincentives” for healthcare providers and fines of up to $1 million per violation for health care IT firms.
US Health Sector to Face Penalties for Blocking Electronic Medical Data Access
US healthcare organizations restricting access to electronic medical data will now face repercussions, a move which has been four administrations in the making. The Department of Health and Human Services (HHS) plans to take an active stance on enforcement against such healthcare actors [PDF] as stated in a press release.
The law being referenced is the 21st Century Cures Act, signed into law by President Obama in 2016. This act necessitates that patients have convenient electronic access to their health information, without any charges for basic API access. Health IT developers are also required to make their systems accessible by providers without exorbitant fees or technical obstacles.
The Cures Act set civil monetary penalties for developers, health information networks, and exchanges that violated the sharing rules, but did not define penalties for providers. Provider disincentives were not finalized until July last year.
While accusations have been made that the previous administration did not prioritize information blocking penalties, HHS data indicates that reports of information blocking have not been extensive. Since April 2021, when an online portal for filing possible claims of information blocking was introduced, just 1,336 claims have been filed according to the HHS’s data.
Despite these low numbers, providers remain concerned about the potential impact of data blocking on the future of healthcare. Violating the Cures Act by blocking data access could subject healthcare providers to unspecified Medicare and Medicaid disincentives, and health IT firms may be fined up to $1 million per violation. HHS has not responded to questions about these measures.
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