Trying To Get My Own Medical Records Exposed A Loophole In Information Blocking Enforcement - Oig Can’t Touch Private Providers

Hello,

I’m located in Location: Los Angeles, California, and I’ve been trying to get my complete medical records from a healthcare provider, and what should be a straightforward patient right has turned into a bureaucratic nightmare.

I initially contacted the Office of the National Coordinator (ONC), part of OCR, about missing medical records and possible information blocking. My case was quickly closed because the provider isn’t considered an "IT actor" under the rules and was referred to the HHS Office of Inspector General (OIG). You’d think OIG could enforce the rules, but here’s the reality:

OIG enforces Information Blocking only if a provider’s behavior is “knowingly unreasonable.” In practice, this means a private doctor can:

• Lie about whether records exist
• Misrepresent what was already provided
• Delay disclosure for months
• Only partially provide records

…and OIG will do nothing. The one-million-dollar penalty per violation technically exists, but it’s basically meaningless for private providers, they can’t be fined like a public organization, and even penalties tied to Medicare subsidies are impossible to enforce because OIG claims the "knowingly unreasonable" standard is never met in these cases.

In my situation, the provider repeatedly misrepresented my records. At first, they claimed documents didn’t exist, then later admitted they did, but only sent me a fraction of what I requested. OIG refused to escalate, and even oversight requests from a Senator didn’t help. Months later, I still don’t have all my records.

This is not a "misunderstanding between patient and provider", it’s a systemic loophole that leaves patients powerless and incentivizes providers to withhold or misrepresent data with near-zero consequences.

If you thought Information Blocking rules actually protected patients, think again. Even federal oversight can’t compel a private doctor to hand over your medical information if they play the loophole game.