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The HHS-wide initiative Ending the HIV Epidemic: A Plan for America seeks to leverage the powerful data and tools now available to reduce new HIV infections in the United States by 75 percent in five years and by 90 percent by 2030. HITEQ is identifying best practices and barriers to using health IT to support early diagnosis, application of proven prevention interventions including access to PrEP, and sustained treatment for people living with HIV to achieve and maintain viral suppression.

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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

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