CHIME Leads Request for HHS to Delay Information Blocking Deadline

The College of Healthcare Information Management Executives (CHIME) and nine other healthcare industry groups have called on HHS to postpone the approaching information blocking compliance deadline, which is set to go into effect on October 6, 2022.

The Cures Act Final Rule, commonly known as the Information Blocking Final Rule, published by ONC in May of 2020, was passed to prevent information blocking practices by providers, health IT developers, health information exchanges (HIEs), and health information networks.

When the Cures Act Final Rule was published, the scope of electronic health information (EHI) was limited to the United States Core Data for Interoperability (USCDI) version 1, which includes information such as clinical notes.

Anticipating an October 6, 2022, start date, the definition of EHI will expand well beyond the current USCDI version 1, and stakeholders will be expected to share all EHI. Notably, EHI will now include unstructured data.

In a letter to HHS Secretary Xavier Becerra, the organizations stressed their members are not prepared, as they still lack a clear understanding of and technical infrastructure to support secure exchanges.

“Our members have been working diligently towards meeting the upcoming – and rapidly approaching – October 6th information blocking deadline with the expanded electronic health information (EHI) definition,” the industry groups stated in the letter. “They are making every feasible effort, many with scarce resources, to ensure that they are prepared to be in compliance.”

“Despite our best efforts to educate our members, significant knowledge gaps and confusion still exist within the provider and vendors communities with respect to implementation and enforcement of information blocking regulations,” the industry groups continued.

CHIME specifically mentioned that there is a need for clearer guidance to ensure that all healthcare providers fully understand the many nuances of these complex policies.

Regardless of efforts to support the healthcare industry in navigating information blocking rules, the healthcare sector’s understanding is at a standstill, the organizations said.

“Many stakeholders are still confused by the Office of the National Coordinator’s (ONC) EHI infographic. Since providers and other Actors will be held accountable for EHI interoperability, consistency in EHI interpretation is critical consistency in EHI interpretation is critical,” the organizations wrote. “Moreover, significant confusion continues to exist on how the eight information blocking exceptions are applied when EHI cannot or should not be exchanged.”

The healthcare industry groups also showed concern for how the new information blocking standards will impact many small and rural providers.

“If large providers are unable to discern this, small and lesser resourced providers are even more confused – if they are even aware of the policies at all,” the organizations attested. “In fact, small providers/clinicians’ awareness remains very low, and they are relying heavily on their vendors. Vendor readiness is lagging, and their deadline for delivering needed upgrades is December 31, 2022, three months after providers are required to comply.”

Moving forward with unclear and inconsistent information sharing about data requirements could further strain healthcare providers who have already reported being anxious about failing to achieve compliance, CHIME and colleagues stated.

The organizations requested that HHS postpone compliance by a year and use corrective action warning communication to providers before imposing any financial penalties or beginning formal investigations.

“Our organizations are supportive of the Department’s efforts towards increased interoperability and ensuring patients have access to their health data,” the organization stated. “Given the great importance of these policies, we want to make sure that they are implemented as smoothly and successfully as possible – for both patients and the clinicians and providers who care for them.”