Information Blocking

Statutory basis and purpose.

This provision establishes the statutory authority and purpose for the information blocking regulations under the Public Health Service Act.

Scope.

This provision defines the scope of the subpart regarding disincentives that may be imposed on health care providers for information blocking.

Disincentives.

This provision specifies the disincentives that may be applied to hospitals, clinicians, and ACOs determined to have committed information blocking.

Notice of disincentive.

Following referral of a determination of information blocking by OIG, an appropriate agency that imposes a disincentive or disincentives specified in § 171.1001 shall send a notice to the health care provider subject to the disincentive...

Applicability.

This provision defines the entities subject to the information blocking regulations and the effective date of these requirements.

Definitions.

For purposes of this part:

Information blocking.

This provision defines information blocking as practices likely to interfere with the access, exchange, or use of electronic health information when conducted by health IT developers, networks, or health care providers.

Scope.

This section establishes the scope for posting information on the ONC public website regarding actors determined by the HHS Office of Inspector General to have committed information blocking.

Posting of information for actors found to have committed information blocking.

This provision outlines the specific information the ONC will post on its public website regarding health care providers and other actors determined to have committed information blocking.

Availability and effect of exceptions.

This provision states that a practice will not be considered information blocking if the actor meets all applicable requirements and conditions of an exception set forth in subpart B.

Preventing harm exception—when will an actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to prevent harm not be considered information blocking?

An actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to prevent harm will not be considered information blocking when the practice meets the conditions in paragraphs...

Privacy exception—When will an actor's practice of not fulfilling a request to access, exchange, or use electronic health information in order to protect an individual's privacy not be considered information blocking?

An actor's practice of not fulfilling a request to access, exchange, or use electronic health information in order to protect an individual's privacy will not be considered information blocking when the practice meets all of the requirem...

Security exception—When will an actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to protect the security...

This provision outlines the conditions under which an actor's practice of interfering with electronic health information access to protect security is not considered information blocking.

Infeasibility exception—When will an actor's practice of not fulfilling a request to access, exchange, or use electronic health information due to the infeasibility of the request not be considered information blocking?

An actor's practice of not fulfilling a request to access, exchange, or use electronic health information due to the infeasibility of the request will not be considered information blocking when the practice meets one of the conditions i...

Health IT performance exception—When will an actor's practice that is implemented to maintain or improve health IT performance and that is likely to interfere with the access, exchange, or use of electronic health information not be considered information blocking?

An actor's practice that is implemented to maintain or improve health IT performance and that is likely to interfere with the access, exchange, or use of electronic health information will not be considered information blocking when the...

Protecting Care Access—When will an actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to reduce potential exposure to legal action not be considered information blocking?

An actor's practice that is implemented to reduce potential exposure to legal action will not be considered information blocking when the practice satisfies the condition in paragraph (a) of this section and also satisfies the requiremen...

Availability and effect of exceptions.

Establishes that a practice is not considered information blocking if the actor meets all applicable requirements and conditions of an exception.

Manner exception—When will an actor's practice of limiting the manner in which it fulfills a request to access, exchange, or use electronic health information not be considered information blocking?

An actor's practice of limiting the manner in which it fulfills a request to access, exchange, or use electronic health information will not be considered information blocking when the practice follows the conditions of this section.

Fees exception—When will an actor's practice of charging fees for accessing, exchanging, or using electronic health information not be considered information blocking?

An actor's practice of charging fees, including fees that result in a reasonable profit margin, for accessing, exchanging, or using electronic health information will not be considered information blocking when the practice meets the con...

Licensing exception—When will an actor's practice to license interoperability elements in order for electronic health information to be accessed, exchanged, or used not be considered information blocking?

An actor's practice to license interoperability elements for electronic health information to be accessed, exchanged, or used will not be considered information blocking when the practice meets all of the following conditions.

Availability and effect of exceptions.

Defines the effect of satisfying an information blocking exception, stating that a practice is not considered information blocking if all requirements are met.

Definitions.

Provides definitions for terms used in the context of information blocking exceptions, such as Common Agreement and QHIN.

[Reserved]

This provision is reserved and contains no substantive content.

TEFCA manner exception—When will an actor's practice of limiting the manner in which it fulfills a request to access, exchange, or use electronic health information to only via TEFCA not be considered information blocking?

An actor's practice of limiting the manner in which it fulfills a request for access, exchange, or use of electronic health information to only via TEFCA will not be considered information blocking when the practice follows the condition...