HHS Announces Increased Enforcement
The Department of Health and Human Services has launched an aggressive campaign against healthcare information blocking, marking a significant policy shift under the Trump administration. Health Secretary Robert F. Kennedy Jr. has directed substantial resources toward investigating and prosecuting violations that prevent patients from accessing their medical data.
This enforcement initiative targets three key areas: healthcare providers, health IT developers, and health information exchanges. The crackdown represents the administration’s commitment to breaking down data silos that have plagued the healthcare industry for decades.
Office of Technology Policy Takes Action
The Office of the Assistant Secretary for Technology Policy (ASTP/ONC) has already begun reviewing information blocking reports and providing technical assistance to HHS’ Office of the Inspector General. Assistant Secretary Thomas Keane emphasized the department’s proactive approach to identifying and addressing violations across the healthcare ecosystem.
Understanding Information Blocking Violations
Information blocking occurs when healthcare entities intentionally restrict the electronic sharing of patient health information. This practice became explicitly prohibited under the 21st Century Cures Act of 2016, yet violations continue to plague the healthcare system.
Common Blocking Practices Include:
- Refusing to share electronic health records between providers
- Implementing unnecessary technical barriers to data access
- Charging excessive fees for data transfer
- Creating procedural roadblocks that delay information sharing
Financial Penalties and Consequences
The enforcement action carries severe financial implications for violators. Certified health IT developers and health information networks face penalties of up to $1 million per violation or complete certification termination.
Provider Penalties
Medicare and Medicaid providers caught blocking information face disincentives under federal programs, potentially resulting in reduced reimbursements and exclusion from government healthcare initiatives.
Industry Response and Voluntary Commitments
Despite enforcement threats, the Trump administration has also pursued collaborative approaches. Sixty major healthcare and technology companies have signed voluntary commitments to advance interoperability and improve data sharing practices.
This dual approach combines regulatory pressure with industry partnership, creating multiple pathways toward improved healthcare data accessibility.
Persistent Challenges in Healthcare Data Sharing
Industry commenters responding to ASTP/ONC and CMS requests for information reveal that information blocking remains widespread despite legal prohibitions. The Connected Health Initiative noted that data represents a valuable “competitive advantage” for many healthcare entities.
Systemic Problems
Premier highlighted that healthcare data remains “trapped in a limited number of competing vendor ecosystems,” creating artificial barriers to information sharing and patient care coordination.
EHR Companies and Competitive Advantages
Large electronic health record companies often force digital health tools through rigorous technical and procedural processes to connect their applications. This practice creates anti-competitive environments that favor native applications over innovative third-party solutions.
These gatekeeping practices stifle healthcare innovation and limit patient choice in accessing their medical information through preferred platforms and applications.
Biden vs Trump Administration Approaches
HHS explicitly stated that “Information blocking was not a priority under the Biden Administration.” This policy shift under President Trump and Secretary Kennedy represents a fundamental change in healthcare data governance priorities.
The current administration views aggressive enforcement as essential to healthcare transformation and patient empowerment.
New CMS Interoperability Framework
Beyond enforcement, CMS has unveiled a voluntary interoperability framework that designates compliant organizations as “CMS Aligned Networks.” This certification system provides positive incentives for organizations that prioritize data sharing and patient access.
Reporting Information Blocking Violations
Acting Inspector General Juliet T. Hodgkins announced that HHS-OIG will “deploy all available authorities to investigate and hold violators accountable.” The department actively encourages patients and healthcare innovators to report suspected information blocking violations.
How to Report Violations:
- Contact HHS directly through official channels
- Document specific blocking incidents
- Provide detailed information about access barriers
Future Impact on Healthcare Innovation
Deputy Secretary Jim O’Neill emphasized that “unblocking the flow of health information is critical to unleashing health IT innovation and transforming our healthcare ecosystem.” This enforcement initiative aims to create a more competitive and innovative healthcare technology landscape.
The administration’s approach combines punitive measures with collaborative frameworks, creating comprehensive pressure for industry compliance and innovation.
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