In a significant enforcement move, the U.S. Department of Health and Human Services (HHS) under Secretary Robert F. Kennedy, Jr., has ramped up efforts to tackle information blocking, the practice of health care entities limiting patient access to their own electronic health data. Announced yesterday, this initiative aims to give patients the power to actively participate in their care by ensuring open access, exchange, and use of electronic health information, which has long been obstructed in various health care scenarios. As reported by the U.S. Department of Health and Human Services, this push for transparency falls under the authority granted by the 21st Century Cures Act of 2016, which grants ASTP/ONC and the OIG enforcement powers to hold violators accountable.
With health IT innovation and patient care hanging in the balance, the shift in HHS's priority stems from a long-observed requirement for improved health information access, a shift that was not a focal point under the Biden administration but has gained traction under President Trump and Secretary Kennedy, the Trump administration's commitment to bolstering the flow of health information originates from the president's first term and the ONC Cures Act Final Rule, and the involvement of HHS's Deputy Secretary Jim O'Neill and Acting Inspector General Juliet T. Hodgkins emphasizes the seriousness of the issue, as they have both made statements regarding the need to enforce laws around patient access to health information and the consequences for those blocking it.
Personal health management through direct access to their health data has become a critical tool for many patients, allowing them to keep tabs on chronic conditions, maintain treatment plans, identify errors in their records, and monitor wellness programs. By enabling individuals to manage their own health, Secretary Kennedy's office is making strides toward fulfilling its promise to Make America Healthy Again. This movement is a clarion call for compliance and cooperation from all parties involved in the health care ecosystem, from patients to providers, and from innovators to local health departments.
Today, consequences await those who continue obstructing the flow of essential health information, the potential ramifications for health care providers caught in the act of information blocking could include disincentives under specific Medicare & Medicaid Programs, or substantial civil monetary penalties of up to $1M per violation levied against developers of certified health IT, and health information network or exchanges caught in non-compliance may face dire consequences including termination of certifications and exclusion from the Certification Program, according to statements released by HHS. Patients, caregivers, and health IT innovators are encouraged to report any instances of information blocking through the ASTP/ONC's Report Information Blocking Portal, a resource established to maintain transparency and accountability within the health care system.
