Information-blocking penalties for providers slated to take effect soon, radiology experts warn

Information-blocking penalties for providers are slated to take effect July 31, radiology experts warned recently.

HHS released the final rule on July 1, detailing disincentives for physicians and others who prevent patients from viewing their health records. Allegations of stifling information will be prioritized and probed by the Office of the Inspector General on a case-by-case basis, the American College of Radiology noted.

Investigators will focus on instances that result in patient harm, impact a provider’s ability to deliver care, occur over an extended period or cause financial losses to federal programs.

“Even without enforcement mechanisms in place, the information blocking rules have stimulated a growing number of imaging centers and radiology departments to terminate long-standing embargos on patient access to reports that were in place to allow time for treating physicians to receive, review and discuss radiologists' findings with their patients,” attorney Tom Greeson—former counsel for the ACR and long-time representative to radiology groups in court—wrote in a blog post Thursday. “Now it is not uncommon for patients to have immediate access to their written radiology reports. This development has also generated increased patient engagement, including many radiology providers now providing access to more patient-friendly radiology reports that make use of interactive graphics and more easily understood ‘lay language’ that promote understanding of those findings.”

Certain hospitals could fail the Medicare Promoting Interoperability Program for the year, if they deny patients access to their records, ACR noted. And eligible providers in the Merit-based Incentive Payment System may receive a zero score under the “promoting interoperability” performance category. Plus, providers in accountable care organizations may be ineligible to participate in the Medicare Shared Savings Program for at least one year, if they violate the information-blocking rule. The first two penalties will take effect on July 31, while the third related to ACOs will be implemented on Jan. 1.

The provider penalties arrive after years of waiting. July 1’s final rule effectively completes HHS’ implementation of the related section of the 21st Century Cures Act of 2016, “eight years after becoming law,” ACR wrote. When authorities confirm an instance of information-blocking, the OIG will then refer the case to the Centers for Medicare & Medicaid Services to apply the appropriate penalty. The feds also plan to post data related to provider violations on a public-facing website.

Federal agencies have indicated that they may consider exceptions to the rule, in response to public feedback.

“Nevertheless, the publication of information blocking penalties should be a signal to hospital radiology departments and imaging centers that continue to universally embargo radiology reports to consider steps to ensure immediate patient access,” Greeson urged. “Of course, those same imaging providers are permitted under the information blocking rules to make individualized determinations in good faith to hold back certain patient's report without it being considered interference. It will be interesting to follow the OIG's investigations, as well as the ongoing actions by imaging providers to expedite reporting of radiology test rests directly to patients.”

ACR also urged radiology providers to visit its dedicated information-blocking webpage, while Greeson shared a link to an additional analysis from his colleagues at Reed Smith.