10/14/2024

Information Blocking Proposal Helps Protect Reproductive Health Information, Patient Preferences

On October 4, 2024, the Association for Clinical Oncology (ASCO) submitted comments to the Office of the National Coordinator for Health Information Technology in response to the Health Data, Technology, and Interoperability: Patient Engagement, Information Sharing, and Public Health Interoperability (HTI-2) proposed rule. ASCO’s comments focus on new information blocking exceptions and real-time benefit tool proposals that could ease information exchange between oncology clinicians and their patients.

Information Blocking
ASCO supports the proposed exception to the information blocking rules that would protect clinicians who limit electronic health information (EHI) sharing to reduce a risk of exposing patients, providers, or anyone else who facilitated reproductive health care to legal action. The exception would also apply where an actor limits sharing of a patient’s EHI that is potentially related to reproductive health care to protect that patient from potential exposure to legal action. ASCO believes this proposal will help physicians continue providing patients the best possible care without fear of legal repercussions or information blocking disincentives when opting not to share sensitive patient reproductive health care EHI.

ASCO also supports the proposed provision that it would not be considered “information blocking” to honor a requestor’s preferences expressed or confirmed in writing for: (1) limitations on the scope of EHI made available to the requestor; (2) the conditions under which EHI is made available to the requestor; and (3) the timing of when EHI is made available to the requestor for access, exchange, or use. Patients often receive life-changing medical information—such as a cancer diagnosis—on their phones, through text messages, or in patient portals, often at times when they cannot reach their physician. This can lead to unnecessary fear and/or emotional distress. This proposal will protect physicians and other actors from information blocking penalties when honoring patient requests and preferences regarding receiving EHI.

Real-Time Benefit Tools
ASCO supports the addition of electronic prescribing and real-time prescription benefit technology into the base electronic health record. Real-time benefit tools allow providers and their patients to compare the patient-specific cost of a drug to that of a suitable alternative, compare prescription costs at different pharmacy locations, view information about out-of-pocket costs, and learn whether a specific drug is subject to utilization management restrictions such as prior authorization, step therapy, or quantity limits. Increasing physician access to these high-value functionalities will address well-known transparency issues and administrative burdens related to drug prescribing and utilization management requirements.