1. Patients Must Be Able to Access and Transfer Their e‑PHI

As recently announced, HHS Secretary Robert F. Kennedy, Jr. has instructed agencies to ramp up enforcement against information blocking—when healthcare providers, IT developers, or health networks restrict the access, exchange, or use of electronic health information (EHI) HHS.govFierce HealthcareThe HIPAA Journal.

This enforcement underscores that cloud-based PMS providers cannot obstruct your right to retrieve e‑PHI if you decide to switch systems. These providers are legally obligated to facilitate seamless data export—whether you’re moving to a new software vendor or transitioning IT management.

2. IT Companies Can No Longer Withhold Access Over Billing or Timing

HHS’s renewed enforcement stance makes it clear: withholding access due to payment disputes or transition timing is unacceptable. Even if an IT provider is mid-contract or unpaid, they must still honor lawful access requests under the 21st Century Cures Act. HHS and the Office for the National Coordinator (ASTP/ONC), along with the HHS Office of Inspector General (OIG), will pursue penalties for noncompliance—including civil monetary fines up to $1 million per violation for certified health IT developers Fierce HealthcareThe HIPAA JournalNextgov/FCW.

3. Why This Matters to Dental Practices

• Vendor switching should be smooth: Many dental practices use cloud-based PMS systems that store e‑PHI. If a vendor tries to delay or block data exports—especially under billing or operational pretenses—that may now violate HHS rules.
• No lock-in tactics allowed: Any attempts to restrict data as leverage—whether technical or contractual—could expose vendors to significant regulatory risk.
• Proactive reporting encouraged: HHS urges patients and providers alike to report suspected data blocking through ASTP/ONC’s reporting portal The HIPAA JournalHealthIT.gov.

4. Additional Context: Regulatory Momentum Building

• In December 2024, HHS finalized the “Protecting Care Access Exception”, clarifying when withholding data is permissible—particularly in sensitive-care situations like reproductive health The HIPAA JournalAmerican Hospital Association.
• The Cures Act and subsequent rulemaking have long positioned interoperability and patient access as cornerstones of digital health modernization, but recent enforcement makes compliance non-negotiable Federal RegisterThe HIPAA JournalRopes & Gray.
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What Darkhorse Tech Recommends for Your Practice

A. Evaluate Your Cloud PMS and Agreements

• Ensure your PMS vendor contract explicitly supports data portability upon termination or migration.
• Ask: How quickly can you receive your full e‑PHI export if you leave?

B. Include IT Transition Safeguards

• Work with IT providers to build transition clauses ensuring access continuity, even amid invoicing or staffing changes.
• Make data handoff and password sharing a standard exit process.

C. Stay Alert for Vendor-Induced Friction

• Watch for:
  • Delayed file exports
  • Obstructive technical support
  • Hidden fees for data exports
• If encountering resistance, you may have legal recourse under the new HHS enforcement framework.

D. Partner with Darkhorse Tech for Secure, Compliant Transitions

We’re well-versed in:

• Drafting contracts that safeguard your rights to access and transfer e‑PHI
• Orchestrating seamless vendor transitions, including cloud PMS or IT partners
• Educating staff and leadership on compliance best practices

Bottom Line

The HHS crackdown on information blocking isn’t just regulatory—it’s transformative for how healthcare data is handled. For dental practices, especially those using cloud PMS systems and external IT vendors, it’s a green light to demand transparency, portability, and compliance.

Don’t let data hold your practice hostage—reach out to Darkhorse Tech to ensure your systems, contracts, and vendor relationships put your practice—and your patients—first

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Darkhorse Dental IT Is Here For You

We understand that caring for your patients is your top priority. Dealing with a computer issue, slow IT response time or HIPAA compliance requirements just aren’t high on your list of to-do’s. That’s where Darkhorse Dental Tech comes in. Our team of Dental IT specialists are experts when it comes to running a great, secure and successful practice —and so much more. Whether you’re looking for IT services for startups, or existing support and security services for your practice, Darkhorse can do it all for you, so you can get back to your patients.

Have questions? Looking for ideas? Just want to talk teeth? Drop us a line at sales@darkhorsetech.com to get the conversation started! Or head to our Contact page to send us a message. Don’t forget to follow us on Instagram!

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