Feds ask for physician help in reporting information blocking

Interoperability hindered by illegal behavior: ©Goodideas - stock.adobe.com

The Office of the National Coordinator for Health IT raised concerns about challenges in implementing EHR interoperability—an issue that directly impacts physicians, patients, and the entire health care system. In a blog post, the Assistant Secretary for Technology Policy Micky Tripathi warned that the Office of the National Coordinator for Health Information Technology continues to monitor potential violations of regulations aimed at improving data sharing, and he is urging the health care community to stay vigilant and engaged.

According to the post, more than 96% of hospitals and 78% of physician offices use certified EHRs, a major milestone in digitizing health records. The 21st Century Cures Act of 2016 requires these systems to make data accessible, exchanged, and used through APIs (application programming interfaces), and since 2023, these APIs must comply with the FHIR standard for seamless data exchange.

“What is abundantly clear is that it is behavior, rather than technology, that is far and away the biggest impediment to progress,” said Tripathi in the post. Recent complaints reveal that some certified API developers and health care organizations are creating unnecessary barriers. For example, developers are not always making API documentation accessible, or they are charging excessive fees, delaying access requests, or presenting unnecessary regulatory hurdles, all of which obstruct the goals of patient and provider access to vital health information.

For physicians, this can mean delays in receiving timely information about patients from other providers or difficulties when patients or third-party apps attempt to access their medical data. In some cases, API developers are falsely requiring HIPAA Business Associate Agreements for patient data access, adding unnecessary friction to the process.

Tripathi says the ONC is taking these reports seriously. Certified developers found to be engaging in these practices could face enforcement actions, including suspension from the certification program, hefty fines, or loss of certification altogether. Collaboration with agencies like CMS and the HHS Office of Inspector General ensures that these issues are addressed, with OIG empowered to impose penalties of up to $1 million per violation for information blocking.

For physicians, it’s essential to stay informed and proactive. Tripathi encourages health care professionals to report any issues related to API accessibility or EHR interoperability through its Health IT Feedback and Inquiry Portal.