The Biden administration is set to clarify information blocking rules, addressing concerns raised by the American Medical Association (AMA). In a letter, the AMA expressed support for clear exceptions that allow patients to request physicians deliver life-changing information rather than making it immediately available on electronic health records. The proposal also permits physicians to protect patients from efforts to criminalize reproductive health care without facing penalties.
The AMA emphasized that patients have diverse needs regarding access to their health data. The Assistant Secretary for Technology Policy/Office of the National Coordinator’s (ASTP/ONC) proposal aims to respect and accommodate patient preferences in receiving critical medical information.
"Patients deserve the right to control how they receive their medical information, particularly in sensitive situations where unexpected results could cause undue distress," the AMA stated. This proposal will enable physicians to honor patient requests without fear of penalties.
However, the AMA identified several issues needing attention for ASTP/ONC's proposals to succeed. These include requiring EHR developers to give patients control over their information and ensuring patients can communicate their preferences effectively.
The AMA has long advocated for clear federal policies protecting sensitive electronic health information (EHI) from misuse. The ASTP/ONC policies would provide clarity and flexibility, allowing physicians to prevent sharing health information that could pose legal risks without facing penalties.
"In the aftermath of the Dobbs v. Jackson Women’s Health Organization decision, reproductive health data is increasingly being weaponized by state officials and others," the letter noted. "States are targeting individuals who receive or facilitate access to reproductive health care, often identifying them through medical records requests."
Physicians currently face confusion and hesitation in using existing exceptions due to fears of accusations or penalties related to information blocking. The new proposals clarify that physicians can segment sensitive reproductive records from a patient's EHI.
Additionally, the AMA supports ASTP/ONC's policies aimed at modernizing and standardizing prior authorization processes using technology. Prior authorization has been a significant administrative burden on physicians and has led to delays in patient care. By requiring certified technology and EHR developers to support electronic prior authorization and real-time benefit transparency, ASTP/ONC seeks to improve care delivery efficiency.
The proposed rule for real-time information and standardized electronic prior authorization is expected to reduce administrative burdens, minimize care delays, and enhance patient outcomes.
The AMA encourages ASTP/ONC collaboration with other government agencies to ensure payors adopt these certified technologies for seamless communication between payors and physicians, facilitating timely access to care.
###
