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.

This resource provides guidance to health centers for implementing FHIR in compliance with the Information Blocking Rule.  

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.

There are many questions about patient portals and the related requirements under the Information Blocking Rule. In this session, our expert speaker will review the impact of the Information Blocking Rule on implementation and use of the patient portal.

Over the last few years, the Office of Civil Rights has focused much of its enforcement efforts on ensuring patients are afforded their HIPAA right to access their protected health information (PHI). The Privacy Rule generally requires HIPAA covered entities to provide individuals, upon request, with access to the PHI (including electronic PHI) about them in one or more “designated record sets” maintained by or for the covered entity. This includes the right to inspect or obtain a copy, or both, of the PHI. It also includes an individual’s right to direct the covered entity to transmit a copy of their PHI to a designated person or entity of the individual’s choice.