Health Care Sector in the U.S. Warned: Withhold Data from Patients at Your Own Risk

The Department of Health and Human Services (HHS) has announced its intent to take a more active role in enforcing the rules surrounding the access to electronic health information. This move comes in response to the provisions of the 21st Century Cures Act, a law signed into law by President Obama in 2016.

The Office of Inspector General (OIG) within HHS has been tasked with determining the disincentives for healthcare providers who violate the Cures Act's provisions. The rule also requires that health IT developers make their systems usable by providers without excessive fees or technical barriers.

Initially, the Cures Act only set civil monetary penalties for developers, health information networks, and exchanges that violate the sharing rules, leaving penalties for providers undefined. However, this gap was addressed last year when disincentives for providers were finally finalized in July. A draft proposal for the provider disincentives didn't appear until late 2023.

HHS has emphasised the importance of ensuring patients have unfettered access to their health information as guaranteed by law. To this end, the Cures Act requires that patients have easy electronic access to their health information, including through the app of their choice, at no cost for basic API access.

The current HHS has accused the former administration of failing to prioritize information blocking penalties during its time in office. In response, the new administration is taking a proactive approach, stating that it will not tolerate any actions that restrict patient access to their electronic health information.

The HHS has also made it clear that it will be actively enforcing these rules against all healthcare actors. This means that any entity found to be restricting patient access to their health information may face penalties.

In conclusion, the HHS's announcement marks a significant step towards ensuring that patients have full control over their health information. By taking a strong stance against information blocking, the HHS is demonstrating its commitment to upholding the principles of the 21st Century Cures Act and ensuring that patients have the access they need to manage their health effectively.