HHS’s Information Blocking Disincentives are a Necessary Step Toward Better Patient Care

The U.S. Department of Health and Human Services (HHS) recently took a significant step toward improving patient care and reducing healthcare costs by finalizing rules that establish disincentives for healthcare providers who engage in information blocking. As a physician and healthcare technology leader, I believe this action is not only justified but long overdue.

The final rule, released in late June, implements key provisions of the 21st Century Cures Act by penalizing providers who unreasonably interfere with the access, exchange, or use of electronic health information (EHI). While some industry groups have criticized the penalties as overly harsh, the decisive action taken by the Office of the National Coordinator for Health IT (ONC) and the Centers for Medicare & Medicaid Services (CMS) are necessary and appropriate steps toward achieving the seamless health information exchange that is essential for the future of healthcare.

The stringent penalties now in place serve as a powerful motivator for compliance. Healthcare providers found to have committed information blocking could face significant financial consequences, including reduced Medicare reimbursements and exclusion from value-based care programs.

Understanding the stakes: Why information blocking hurts patients

These disincentives may seem harsh to some, but we must remember the real stakes involved. When medical records are not readily available at the point of care, patients suffer. Lack of access to complete and up-to-date health information can lead to:

• Delayed or inappropriate treatments
• Duplicate testing and procedures
• Adverse drug events due to incomplete medication histories
• Fragmented care and poor care coordination
• Increased healthcare costs for patients and the system as a whole

In the most severe cases, the absence of critical health information can even be life-threatening. Providers’ primary duty is to patients. Ensuring that their complete medical records are accessible when and where they’re needed is fundamental to providing safe, high-quality care.

To successfully bend the cost curve in American healthcare, having a comprehensive medical record available for each patient is essential. The inefficiencies and potential harm caused by information silos and data hoarding far outweigh any perceived competitive advantages of restricting access to patient information.

It’s important to note that the rule includes reasonable exceptions and doesn’t penalize inadvertent or unavoidable instances where information sharing isn’t possible. The focus is on deliberate, unreasonable practices that impede the flow of health information.

Some provider organizations have expressed concern about the complexity of compliance and the potential for unintended consequences. While these concerns are understandable, they shouldn’t overshadow the greater good that will come from increased health information exchange. The healthcare industry has had years to prepare for these requirements, with the information blocking provisions of the 21st Century Cures Act being in effect since April 2021.

The path to compliance: Key steps for healthcare providers

Moving forward, healthcare providers must take proactive steps to ensure compliance and foster a culture of information sharing. First and foremost, organizations should conduct a thorough review of their current information sharing practices and policies. This audit will help identify any potential areas of non-compliance and highlight opportunities for improvement.

Investing in interoperable health IT systems that facilitate seamless data exchange is crucial. Legacy systems that create barriers to information flow must be updated or replaced to meet the demands of modern healthcare delivery and regulatory requirements.

Staff training is another critical component. Healthcare organizations should prioritize educating their employees on the importance of information sharing and the potential consequences of blocking. This education should extend beyond just the IT department to include clinicians, administrators, and support staff.

Clear protocols for handling information requests and resolving any sharing issues should be established. These procedures will ensure that all staff members understand their roles and responsibilities in facilitating information exchange, and provide a framework for addressing any challenges that arise.

Lastly, staying informed about evolving regulations and best practices in health information exchange is essential. The healthcare landscape is constantly changing, and providers must remain vigilant to ensure ongoing compliance and take advantage of new opportunities to improve information sharing.

The benefits of seamless information exchange

It’s worth noting that the majority of information blocking complaints received by the ONC to date have been against healthcare providers. This underscores the critical need for these disincentives and the importance of changing longstanding practices that impede information flow.

While the financial penalties are significant, the real focus should be on the positive outcomes that will result from improved information sharing. Better coordinated care, reduced medical errors, more efficient healthcare delivery, and improved patient outcomes are all potential benefits of full compliance with information blocking regulations.

Embracing change

The healthcare industry as a whole must embrace this change and see it as an opportunity to improve the quality and efficiency of the care we provide. The era of information silos must come to an end. Patients deserve nothing less than full commitment to transparency and collaboration in their care.

While the path to full compliance presents some obvious challenges, the end goal of seamless health information exchange is crucial for the future of healthcare. The disincentives established by HHS are a necessary and appropriate step toward achieving this vision. By working together to overcome barriers to information sharing, we can eventually create a healthcare system that truly puts patients first – one where essential health information is always available when and where it’s needed most.

Image from www.healthit.hhs.gov

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