HHS Rule Targets Health Providers Blocking Patient Info Sharing

Health-care providers are facing penalties for blocking access to a patient’s electronic health information under a Biden administration rule announced Monday.

The US Department of Health and Human Services final rule (RIN: 0955 - AA05) penalizes hospitals in the Medicare Promoting Interoperability Program that block health information sharing by stripping their meaningful electronic health record user status. “Meaningful use” carries financial incentives. Hospitals that commit “information blocking” can be prevented from earning 75% of their annual market based increase.

Accountable Care Organization health providers caught blocking information may be banned from the Medicare Shared Savings Program for at least a year, cutting off a revenue stream.

Penalties apply to providers that the HHS Inspector General determines have “committed information blocking,” according to the rule.

HHS Secretary Xavier Becerra characterized the rule as a way to ensure patients can always access their health information.

“When health information can be appropriately accessed and exchanged, care is more coordinated and efficient, allowing the health-care system to better serve patients,” Becerra said in a statement.

The rule was initially proposed in October 2023.

The rule also lays out a process for sharing information with the public when OIG catches health providers and others blocking health information.

A rule released in 2023 left health IT developers and others open to $1 million penalties for blocking health information.

The HHS noted in a statement that “additional disincentives may be established through future rulemaking.”