Since the information blocking regulation went into effect in April 2021, the Assistant Secretary for Technology Policy has received daily information blocking complaints, according to a Health IT Buzz blog post. Notably, almost 90% of information blocking complaints received by ASTP have been against healthcare providers. ASTP listening sessions have revealed various concerns about potential information blocking activity. For instance, healthcare providers might be imposing preconditions on the access, exchange and use of electronic health information (EHI) that the HIPAA Privacy Rule or jurisdictional laws do not require. Other concerns include perceived barriers to data access, such as gatekeeping, delays and challenges in establishing the connection or registration of apps for patient data access.

The Health and Human Services department has identified two new priorities. One is improving data used for artificial intelligence. Another is better use of information technology in the delivery of behavior health services. The National Coordinator for Health Information Technology office recently made a series of small awards towards these goals. Public Health analyst Alison Kemp joined the Federal Drive with Tom Temin with more details.

In a recent blog post, Assistant Secretary for Technology Policy Micky Tripathi described our agency’s growing concerns about potential lack of compliance with statutes and regulations related to information sharing. That blog post covered issues related to developers of certified health IT and ASTP/ONC Health IT Certification Program (Certification Program) API requirements. In this blog post we share concerns that have been brought to our attention pertaining to potential violations of the information blocking regulations by health care providers as well as developers of certified health IT.

Over a third of the government’s use cases for artificial intelligence are under the purview of the Department of Health and Human Services, according to Micky Tripathi, acting chief AI officer for the agency. In order to govern and organize this enormous AI push, HHS will publish a strategic plan to guide its AI activities in January, FedScoop reports. AI is broadly applicable throughout HHS, with functionality across the “entire breadth of what the department covers,” said Tripathi at an NVIDIA event last week. But the strategic plan will give serious consideration to “guardrails” as well.

Health information exchange organizations are adopting health data standards at varying rates, with a recent data brief from the Assistant Secretary for Technology Policy and ONC (ASTP/ONC) revealing widespread use of HL7 v2 and CDA standards but slower adoption of FHIR APIs. In a 2023 national survey of HIEs, more than 90% of HIEs reported that they routinely or sometimes received and sent (or made available) CDAs. Additionally, most HIEs routinely received and sent (or made available) HL7 v2 messages. The survey also found that 96% of HIEs reported receiving HL7 v2 ADT messages. The high percentage of HIEs receiving HL7 v2 ADT messages could be partly explained by the CMS Interoperability and Patient Access final rule's requirement for the electronic exchange of patient ADT data for psychiatric hospitals, critical access hospitals and Medicare Conditions of Participation.