Information Blocking

Reporting Claims of Information Blocking

If I experience information blocking, how do I submit a complaint to HHS?

Anyone who believes they may have experienced or observed information blocking by any health care provider, health IT developer of certified health IT, or health information network or health information exchange is encouraged to share their concerns with us through the Information Blocking Portal on ONC’s website, HealthIT.gov.

Please see the other questions under this heading for more information about reporting claims of potential information blocking. For more information about applicability dates and enforcement dates for the information blocking regulations, please review the question(s) under the “Enforcement” heading.

Updated:

This FAQ has been updated to reflect that we have passed the applicability date (4/5/2021) for the information blocking regulations, and to simplify the internal reference in the final paragraph.

ID:IB.FAQ02.2.2021JUL

What happens after I report information blocking through the Information Blocking Portal on ONC’s website, HealthIT.gov?

The Cures Act, passed by Congress in 2016, directs ONC to implement a standardized process for the public to report claims of potential information blocking, and gives the HHS Office of Inspector General (OIG) the responsibility of investigating any claim of potential information blocking. Once received, ONC will confirm receipt with the submitter and the report is automatically assigned a tracking number (e.g. IB-XXX). Depending on the facts and details included in the complaint, ONC may contact the submitter for additional information.

ONC has authority to review claims of potential information blocking against health IT developers of certified health IT that may constitute a non-conformity under the ONC Health IT Certification Program. Separately, OIG has authority to investigate claims of potential information blocking across all types of actors: health care providers, health information networks and health information exchanges, and health IT developers of certified health IT. Therefore, upon receiving a claim of potential information blocking, ONC shares the claim with OIG. ONC makes every effort to share these claims of information blocking within two business days of receipt. To contact OIG about a claim of potential information blocking, please use the OIG Hotline via the web at https://oig.hhs.gov/fraud/report-fraud/index.asp or by phone at 1-800-HHS-TIPS (1-800-447-8477).  Please note that the OIG Hotline will not be able to respond to any inquiries about action taken in response to a complaint.  For more information, please see OIG’s Hotline website: https://oig.hhs.gov/fraud/report-fraud/before-you-submit/.

For more information about applicability dates and enforcement dates for the information blocking regulations, please review the question(s) under the “Enforcement” heading.

ID:IB.FAQ01.1.2021JUL

Can I report information blocking anonymously?

Yes. Anyone who chooses to report their concerns through the Information Blocking Portal can choose to do so anonymously.

However, if you do submit an anonymous report, we will not be able to contact you, and you will not be able to revisit your report, to add information or clarify your concern. Therefore, it is important to ensure you include all the information that you want us to have about your concern.

In addition, as specified  in the 21st Century Cures Act, please note that any information received by ONC in connection with a claim or suggestion of possible information blocking and that could reasonably be expected to facilitate identification of the source of the information would fall under protections in section 3022(d)(2) of the Public Health Service Act. These protections limit the public disclosure of the source of the information.

ID:IB.FAQ03.1.2020NOV