Liz Lindquist and Lisa Re Talk HHS Information Blocking Enforcement with Corporate Counsel

Arnold & Porter Life Sciences & Healthcare Regulatory partners Liz Lindquist and Lisa Re were quoted in the recent Corporate Counsel article, “HHS Poised to Pounce on Health Care Providers That Hoard Electronic Health Information,” discussing the U.S. Department of Health and Human Services’ (HHS) plans to increase enforcement against information blocking — the practice of preventing or discouraging the sharing electronic health information with patients or other authorized parties.

Lisa, former Assistant Inspector General for Legal Affairs at HHS Office of Inspector General, noted that the Department is likely to focus its initial enforcement efforts on the most straightforward cases, particularly those involving patient harm, financial loss, or knowing misconduct.

“They’re looking for the strongest facts to make the law that they want,” she said.

Liz highlighted that providers can proactively review and address any patient complaints about accessing their electronic health information, emphasizing the importance of having clear internal channels for identifying and resolving potential compliance issues, to prepare for increased enforcement.

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