What Constitutes Information Blocking?

Under the final rule established by the Office of the National Coordinator for Health Information Technology (ONC) and the Office of Inspector General (OIG), information blocking refers to practices that, without reasonable justification, restrict or prevent the access, exchange, or use of electronic health information. Developers and providers are now accountable to ensure they are not creating barriers for patients, providers, or other authorized entities who need access to essential health information. Key examples of information blocking practices include:

Unnecessary Delays - Creating unnecessary obstacles or delays in sharing patient information that could impede timely care.
Access Restrictions - Restricting EHI to certain users without a valid reason limits a provider’s ability to make informed decisions.
Unfair Fees - Charging unreasonable fees for access, exchange, or use of health information, adds financial barriers to critical data access.

The information blocking penalties of up to $1 million or more are structured to deter these behaviors and ensure that developers and providers prioritize open and transparent information sharing practices.

One Million Reason$ to Invest in Compliance

Given the high stakes, health IT developers and healthcare providers should view compliance as a strategic investment rather than a burden. Here are a few key reasons why embracing compliance is essential:

Financial Security - Avoiding the financial burden of $1 million penalties allows developers to allocate resources to growth and innovation rather than damage control and legal fees.
Enhanced Reputation - Prioritizing information sharing fosters trust with customers and patients. A reputation for compliance can lead to better relationships with providers and end-users who rely on seamless data access to deliver quality care.
Risk Mitigation - Embedding compliant practices into everyday operations can prevent exposure to regulatory risks. With the right processes, organizations can avoid potential liabilities before they arise.
Positive Impact on Patient Care - Ultimately, information sharing prioritizes patients’ right to access their health data. By complying, developers and providers contribute to a healthcare ecosystem that benefits providers and patients alike, promoting efficient, data-driven care.

Steps to Ensure Compliance

Staying compliant with ONC’s rules requires a proactive approach. Here are some steps to get started:

Internal Training and Awareness—Ensure that your team understands information blocking and the penalties associated with it. Compliance should be woven into your organization's culture and values.
Case Studies - Use real-world case studies of recent penalties to drive home the importance of compliance and help teams understand what practices to avoid.
Establish Clear Policies - Develop clear, actionable policies for data access and sharing. Be transparent about your protocols, especially if exceptions to data sharing are necessary.
Specific Protocols for Common Scenarios - Establish clear, pre-approved protocols for handling data-sharing requests, access fees, and common restrictions, reducing the risk of accidental non-compliance.
Regular Audits - Conduct routine audits of your systems and policies to identify any gaps in compliance. Self-assessment can help you correct practices before they escalate into violations.
Audit Checklist - Use a compliance checklist that covers high-risk areas, including response times for data-sharing requests and access fee structures.
Stay Informed - The regulatory landscape is constantly evolving. To remain in compliance, regularly update your policies according to any changes in ONC and OIG guidelines.
Subscribe to Updates - Ensure compliance officers and relevant team members are subscribed to ONC and OIG updates on information blocking and health IT requirements.

Key Takeaways - Compliance is the Key to Growth

A $1 million penalty is a steep price to pay for non-compliance. However, the benefits of a compliant organization go beyond avoiding fines. By ensuring your health IT systems are in line with the ONC’s requirements, you’re not only safeguarding your business but also positioning yourself as a trustworthy partner in the healthcare landscape.

In a world where health information exchange is increasingly essential to quality care, compliance with ONC's information blocking rules isn’t just about avoiding penalties; it’s about building a stronger, more collaborative health IT environment. With HHS and OIG’s Disincentive Program now finalized, developers and providers alike have even more reason to comply with information sharing mandates. There are truly a million reasons to be compliant and even more reasons to stay ahead in an industry that rewards transparency and data access.

You have a million reasons to prevent information blocking!

Darena Solutions is actively assisting EHRs, covering multiple specialties and representing thousands of providers with information blocking avoidance.

We look forward to working with you.

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