HHS has warned seven health tech companies suspected of blocking access to health data. You have a legal right to your records, and regulators are starting to act.
Federal health officials have sent warning letters to seven health technology companies suspected of making it hard to get health data. The letters came from the Office of the National Coordinator for Health IT, part of the U.S. Department of Health and Human Services (HHS). The companies have not been named.
The letters point to the information blocking rules in the 21st Century Cures Act. Information blocking means stopping patients, providers or other entities from legally getting access to health information. HHS said last September that it would actively enforce these rules. The top penalty is $1 million per violation.
HHS does not name companies while investigations are active. It will name any company that faces corrective actions, financial penalties, suspensions or terminations.
Thomas Keane, HHS National Coordinator for Health IT, spoke at the ADAPT conference on October 15. He said most letter recipients responded by fixing the alleged problems and agreed to change how they share data. His office wants to work with companies, but it will enforce the rules if they do not change on their own.
No penalties, suspensions or terminations have been issued so far. The office is working with the Justice Department, the HHS Office of Inspector General and the Federal Trade Commission. Amy Gleason of the Centers for Medicare and Medicaid Services said the agency is taking troubleshooting calls to help get patient data flowing. She said there have been only two.
It is not yet known which companies received letters or what exactly they are accused of blocking.
Your right to your health records is now backed by active federal enforcement, though no penalties have been issued yet.
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