Information Blocking Avenger

The Office of the National Coordinator for Health Information Technology’s (ONC) 21st Century Cures Act Information Blocking Rule (Info Blocking Rule) prohibits covered actors – including health care providers, health IT developers of certified health IT, and health information exchanges/health information networks– from engaging in practices likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information (EHI). The Info Blocking Rule includes eight exceptions that provide actors with certainty that, when their practice interferes with the access, exchange, or use of EHI and meets the conditions of one or more exception, such practice will not be considered information blocking. An actor’s practice that does not meet all the conditions of an exception will be evaluated on a case-by-case basis to determine whether information blocking has occurred.

Since the 21 Century Cures Act Information Blocking Rule went into effect in 2021, electronic health information (EHI) has become more available than ever as it is posted to portals, sent through health information exchanges, and available via health-related apps upon request by patients. As the availability of EHI has increased, so too have concerns about the privacy of EHI. Like other actors, health centers are faced with new compliance challenges, including how to best protect sensitive EHI, how to respond to patient requests to restrict access to their EHI, and how to respond when patients request changes to their EHI. Health centers must navigate complex and, at times, conflicting federal and state laws and regulations. This webinar focused on how to navigate these challenges while complying with the Information Blocking Rule.

Many healthcare providers, including health centers, are concerned about reconciling the need to protect patient privacy under HIPAA and 42 CFR Part 2 while avoiding interference with electronic health information sharing and violating Information Blocking regulations.

During the 4^th quarter (October to December) of 2022, there are two major health information technology (HIT) requirement changes, with potential for significant implications to health centers. Read this FAQ to find out how your health center can respond.