Solutions to combat information blocking

Information blocking often works against healthcare organizations by hindering the smooth exchange of health data. A central solution to this issue is enforcing compliance with interoperability standards and laws like the 21st Century Cures Act, which requires free and open sharing of health information. 

What is information blocking?

Imagine a doctor who struggles to access a patient’s full medical history because another provider or a health IT developer is creating barriers to that information. The practice is known as information blocking, a practice where a threat actor intentionally disrupts the access, exchange, or use of electronic health information (EHI). A study published in Law and the Public Health explains that “It could prevent timely access to patient information, which impedes efficient patient care, and it could prevent patient information from being used to research treatments or decrease health care costs.” Inadequate access to patient data can compromise care quality, leading to suboptimal health outcomes.

The solutions

1. Use decentralized identity verification: Implement decentralized identity verification systems to ensure that information access is secure and authorized without central bottlenecks.
2. Data access agreements: Draft and enforce strict data access agreements with all partners, including third party service providers and other healthcare entities. These agreements should explicitly state the conditions for data exchange, timelines for data sharing, and penalties for noncompliance.
3. Automated compliance checks: Integrate automated compliance checks into health IT systems to continuously monitor and ensure that data sharing practices comply with legal and ethical standards. These automated systems can flag potential information blocking activities in real time, allowing for immediate corrective action.
4. Patient initiated data exchange programs: Develop programs that empower patients to initiate data exchanges. Provide patients with secure tools to access their health information and share it with providers of their choice.
5. Implement blockchain for health data: Use blockchain technology to create a transparent and unchangeable record of health data exchanges. Blockchain can help ensure that once information is entered into the system, it can neither be blocked nor altered.
6. Specialized interoperability task forces: Establish dedicated task forces focused on tackling interoperability issues within the organization. These groups can work on specific challenges, such as integrating legacy systems with new technologies or addressing unique data sharing needs of specialized departments like radiology or oncology.
7. Advanced data mapping tools: Adopt advanced data mapping tools that can automatically translate data elements from one format to another across different systems. These tools can help overcome technical barriers to information sharing.

See also: What is information blocking?

The role of improving transparency between vendors and healthcare providers

Transparency between vendors and healthcare providers assists in creating an environment where data can be exchanged seamlessly. This can diminish the prevalence of information blocking by exposing restrictive practices and enabling regulatory bodies to enforce compliance and facilitate corrective actions. A few practices to implement include

• Mandate the disclosure of complete pricing structures, including all potential costs associated with EHR implementation, data exchange, and system upgrades.
• Require software vendors to specify any limitations of their systems' interoperability capabilities upfront during the sales process.
• Establish clear standards and requirements for data exchange and interoperability that vendors must adhere to and communicate openly.
  
  

State and federal legislation

State and federal laws combat information blocking by establishing legal parameters that define acceptable practices for the exchange of EHI. At the federal level, laws like the Health Information Technology for Economic and Clinical Health (HITECH) Act and regulations set forth by the ONC set standards for health IT systems and practices. They also provide mechanisms for enforcement, such as penalties for noncompliance and incentives for adhering to interoperability requirements. Federal laws further ensure that providers are well informed when choosing health IT products, and promote the secure, uninhibited flow of health information as intended by the 21st Century Cures Act.

At the state level, laws can complement federal regulations by tailoring requirements to specific local challenges and opportunities. States can create their regulations to prevent information blocking, such as declaring it an unfair trade practice, as seen in Connecticut. State laws can also reinforce the national legal framework by integrating with state HIEs and promoting interoperability standards that align with federal guidelines. State legislatures can also fund initiatives to support the adoption of interoperable systems and establish local accountability measures that go beyond federal requirements.

See also: What is the Cures Act of 2021?

FAQs

What is the 21st Century Cures Act?

The 21st Century Cures Act is a law passed in 2016 aimed at accelerating medical product development and bringing innovations and advances to patients who need them faster and more efficiently.

What is the difference between EHI and EHR?

The difference between Electronic Health Information and Electronic Health Records is that EHI includes a broader set of health data that includes any electronic information on an individual's health.  

What is PHI?

Protected Health Information is any information in a medical record that can be used to identify an individual and that was created, used, or disclosed in the course of providing a healthcare service.