A new federal rule, long in the works, would make it more difficult for hospitals to block requests for patient information, including from skilled nursing providers.
Hospitals and their health records vendors often curb the exchange of data with skilled nursing facilities and other providers, citing patient privacy. But a new rule, yet to be released, would force hospitals to disclose to the government whether they’re engaged in information blocking, and require them to develop systems to track each and all of their data exchanges.
The rule was mandated under the 21st Century Cures Act in 2016 and is hotly anticipated by industry watchers, Bloomberg Law noted Monday. It’s been under review by the Office of Management and Budget since September, and lawmakers from both sides of the aisle repeatedly asked about its whereabouts during a recent Energy & Commerce hearing.
Specifics are not yet known, but the report notes that it will authorize the Office of the Inspector General to investigate suspected cases of information blocking, and levy civil monetary penalties of up to $1 million per identified case. In addition to privacy concerns, hospitals can also block information due to incompatible records systems or a desire to hold onto a patient, Bloomberg noted.
Advocacy group Health IT Now blasted the administration for failing to issue the rule within the required 90-day window.
“It is stunning that, more than two years after 21st Century Cures became law, we are still waiting on regulators to actually do what the law says,” Executive Director Joel White said in a statement Monday. “Patients and providers have looked on with disappointment as the administration blows through one missed deadline after another for publicly releasing a proposed information blocking rule. It is time to say ‘enough.’”
