Tech & Innovation in Healthcare

Industry Notes:

Nearly 300 Info-Blocking Claims in 1 Year, Reports the ONC

Since April 5, 2021, the Office of the National Coordinator for Health IT (ONC) has received 299 information blocking claim submissions through its online Report Information Blocking Portal. In a report released on Feb. 28, 2022, the ONC found that 274 of the submissions were classified as possible claims.

“This is our first release of information blocking claims data, and we intend to evolve our reporting in the future as we get more data and public feedback. Our goal is to create transparency and help the industry prevent information blocking before it happens,” wrote Rachel Nelson and Cassie Weaver of the ONC in a blog post that breaks down the first information blocking claims data (https://www.healthit.gov/buzz-blog/21st-century-cures-act/information-blocking-claims-by-the-numbers).

Signed into law by President Obama in 2016, the 21st Century Cures Act directed the ONC to institute a standardized process by which the public could report possible information blocking claims. Claims may be submitted by anyone who believes they may have observed or experienced information blocking.

In the ONC’s February report, the claims were submitted by a variety of individuals, including health IT developers, patients, patients’ representatives, and healthcare providers.

The ONC reports several reasons why participants submitted information blocking claims, and the reasons varied depending on the claimant. For example, healthcare providers reported being charged “excessive fees” for electronic health information (EHI) access or to export EHI to a new electronic health record (EHR) system. Healthcare providers also claimed unnecessary delays in receiving EHI that was requested for their patients. Patient claimants also reported being charged fees, but in their case, the fees were for electronic access to their health information. Patients also claimed to experience unnecessary delays after requesting access to their own EHI.

“Because the claims reflect what people and entities are encountering as they seek to access, exchange, and use EHI, the circumstances described in the claims may offer insight into potential impediments to EHI access, exchange, or use,” they wrote.