Report Questions OPM’s Authority to Access FEHB/PSHB Enrollee Medical Records

Following is a Congressional Research Service report on OPM’s plan to require carriers in the FEHB/PSHB program to provide it with medical records on those covered by their policies.

The report notes that while OPM is citing for its authority a provision of law it has previously used for collecting data, the current plan would require data in much more detail, raising questions of whether it would stand up against a court challenge.


On December 12, 2025, the Office of Personnel Management (OPM) published a notice to solicit public comments on an information collection request (ICR) the agency is undertaking. OPM states that it “is collecting service use and cost data from [Federal Employees Health Benefits (FEHB)] … Carriers, including medical claims, pharmacy claims, encounter data, and provider data.”

OPM states that these data will enable the agency “to oversee health benefits programs and ensure they provide competitive, quality, and affordable plans,” and that OPM “requires Carriers to report necessary information and permit audits and examinations to manage the FEHB Program effectively.”

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