From Legislation to Litigation: The New Era of Enforcement

The Maturation of Health Networks

Brendan Keeler of HTD Health proposed a powerful metaphor for the evolution of Health Information Technology (HIT) networks: they have matured from "legislation" to "regulation" and finally "litigation". 

This shift is being driven from the top. The National Coordinator, Dr. Thomas Keane, MD, MBA, emphasized that data liquidity and deregulation are federal priorities. He delivered a clear warning to offenders: "The days of information blocking are over!". The ONC has already received 1,300 claims of information blocking.

Litigation Highlights Ecosystem Tensions

Multiple lawsuits are already underway across the industry, covering information blocking, competition, and IP infringement. These legal battles highlight deep-seated tensions: 

  • Providers being blocked from necessary applications.

  • Payers being barred from networks and data access.

  • Ongoing disputes over data ownership.

This "messy middle" of inconsistent enforcement is creating a new landscape. The combination of deregulation and litigation suggests a drive toward maturity and consolidation in the network ecosystem.

Why Enforcement Matters to Your Strategy

The threat of legal action and the push for deregulation mean that established data silos are becoming liability risks. Organizations that continue to engage in information blocking will face consequences. The mandate is clear: data must flow freely.

How GetPatientRecords Helps

GetPatientRecords ensures your data access strategy is on the right side of the regulatory divide. Our robust platform pulls comprehensive patient records from all necessary channels, including QHINs, EHRs, and HIEs, to support your treatment, payment, and operations needs, guaranteeing you are not the offender in an information blocking dispute. We help you navigate national interoperability without the compliance headache.

Don't wait for a lawsuit to unlock your data. Schedule a demo and discover how we streamline compliant, nationwide data access.

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Patient Matching’s Achilles Heel: The Hunt for Safe Harbor