“Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information networks for penalties; now, enforcement is on the way against healthcare providers who improperly block the exchange of information…”
“At the time of its passage, the 21st Century Cures Act omitted specific penalties for healthcare providers who improperly blocked information; it focused more on programmers and networks. Yet as software developers and networks comply with the Cures Act, more than 75% of the complaints about information blocking in the past year have focused on providers reportedly blocking the proper flow of information. Patients and providers alike have cited suspected improper conduct by hospitals, healthcare facilities, physicians, and other providers. Filing a complaint is easy — those who are frustrated by information blocking may file complaints with the Office of National Coordinator. The Cures Act authorizes the HHS Office of Inspector General to investigate any claim of information blocking. The identity of complainants is protected from disclosure under the Cures Act.”
“In public comments during the March 2022 Global Health Conference of HIMSS (the non-profit Healthcare Information and Management Systems Society) and again during an April 2022 Annual Meeting of the ONC, HHS Secretary Xavier Becerra announced that plans to enforce the Cures Act against healthcare providers that improperly block information are a “top priority.” Information blocking, Secretary Beccera said, leads to stress for patients and families, along with frustration for staff. Becerra criticized an instance where a patient was told to wait weeks for access to test results while their physician was on vacation. ‘That is not the kind of customer experience any of us should expect, certainly not in the 21st century, from our healthcare system.'”
“HHS anticipates announcing a specific enforcement regiment of civil monetary penalties by the end of 2022. Likewise, the Centers for Medicare and Medicaid Services (CMS), the largest payer and regulator of medical practices, has announced its interest in levying civil monetary penalties for providers that improperly block the sharing of electronic health information…” Read the full article here.
Source: Information Blocking: What Providers And Programmers Need To Know – By Michael Horner and William Kennedy, April 25, 2022. JD Supra.
