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.
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.
See also: What is information blocking?
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
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?
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.
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.
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.