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Overview

This section provides guidance to understand the key contract terms involved in negotiating the vendor contract. It is critical to negotiate a vendor contract that takes into account the unique circumstances of your center and incorporates flexibility to meet your reporting needs. Guidance is offered related to indemnification, warranties and disclaimers, liability, dispute resolution, termination and migration, and access to and use of the EHR data.  
Purchasing EHR
Information Blocking Rule Requirements for Part 2 Data in Patient Portals
Nye Day
/ Categories: Electronic Patient Engagement, Patient Portals, Health Information Exchange, Implementation of HIE, Privacy and Security, Privacy & Security Best Practices, HIPAA, Security Risk Analysis, Breach Mitigation & Response, HIT Events

Information Blocking Rule Requirements for Part 2 Data in Patient Portals

Considerations for Entities that Maintain Part 2-Protected Data

CoE-PHI resource that describes the Information Blocking Rule and explains that it does not preempt stricter privacy laws and regulations such as 42 CFR Part 2.

Key Points:

  • Information blocking includes practices that would “interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information.”
  • Following a legal requirement to obtain patient consent for a disclosure meets the “privacy exception” in the Information Blocking Rule and is not considered information blocking.
  • If a portal cannot segment Part 2-protected records or prevent a patient’s proxy from unconsented access to such records, the healthcare provider should not share Part 2-protected records on the portal.
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Tags: HIPAApatient portalinformation blockingpatient datapatient privacy

Resource Links

  • View Article HereInformation Blocking Rule Requirements for Part 2 Data in Patient Portals

Related Resources

Acknowledgements

This resource collection was compiled by the HITEQ Center staff with guidance from HITEQ Advisory Committee members and collaborators of the HITEQ Center.