Federal crackdown begins on health data information blocking

On September 4, 2025, the U.S. Department of Health and Human Services (HHS) escalated its stance on information blocking with a formal enforcement alert issued jointly by the Office of Inspector General (OIG) and the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP/ONC).

What happened 

The alert signaled that the HHS leadership, including the Secretary of Health and Human Services, are prioritizing stopping information blocking to improve patient access and system-wide interoperability. 

The agencies announced that they would intensify enforcement activity, dedicate new resources, and take decisive action against individuals and entities that interfere with access, exchange, or use of electronic health information (EHI). The alert draws on the information blocking definition established under the 21st Century Cures Act. It also outlines the consequences for violators.

Going deeper 

• The OIG can fine offenders up to $1 million for every violation.
• Health IT developers or companies that offer certified health technology can be banned from the ONC Health IT Certification Program.
• ONC can also revoke the certification of any health IT product involved in information blocking.
• The CMS can apply financial and program penalties to certain health care providers who block information.
• These CMS disincentives apply to eligible hospitals, critical access hospitals, clinicians in the Merit-based Incentive Payment System (MIPS), and Medicare Shared Savings Program ACOs and their participants.
• Enforcement will focus on behavior that harms patients, delays or disrupts care, lasts a long time, or causes financial loss to government or private entities.

What was said

According to the alert, “Stopping information blocking to unleash innovation and empower patients and their health care providers with friction-free information is a top priority for the Secretary of the Department of Health and Human Services and the Administration. The Office of Inspector General (OIG) and the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP/ONC) are issuing this enforcement alert to signal our joint commitment to intensify enforcement activity, dedicate additional resources, and take decisive action to detect and end information blocking.”

What’s next 

Health IT developers, exchanges, networks, and providers now face a real possibility of $1 million civil monetary penalties per violation, bans from the ONC Health IT Certification Program, loss of product certification, and CMS disincentives that affect Medicare participation and payment. 

The alert also triggers stronger interagency coordination, meaning reports submitted through the ONC Information Blocking Portal or the OIG Hotline will be formally reviewed and can lead to enforcement action. In practice, the alert pressures organizations to immediately audit their data-sharing practices, end delays or denials of electronic health information access, and align their operations with the Cures Act and 45 CFR Part 171. It marks the point where the federal government moves from building awareness to holding violators accountable.

FAQs

What is information blocking?

Information blocking is when a person or organization interferes with the access, exchange, or use of electronic health information, unless it’s required by law or fits within an approved exception.

What is the goal of stopping information blocking?

The aim is to make sure patients and providers can access and share electronic health information easily, safely, and without unnecessary barriers.

Why is information blocking a problem?

It slows down care, limits patient access to their own health data, increases costs, and prevents innovation in health technology and coordination between providers.