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.

This provision outlines the requirements for notifying a health care provider when a disincentive for information blocking is being imposed.

Applicability.

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

Definitions.

This provision defines key terms used in the regulation of information blocking, including access, exchange, electronic health information, and health IT developer.

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 n...

This provision outlines the conditions under which an actor's practice that interferes with electronic health information access to prevent harm will not be considered information blocking.

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...

This provision specifies the conditions under which an actor's practice of not fulfilling a request to access, exchange, or use electronic health information to protect privacy will not be considered information blocking.

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 reque...

This provision specifies the criteria and documentation requirements for an actor to claim an infeasibility exception when unable to fulfill a request for electronic health information.

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, e...

This provision defines the conditions under which practices implemented to maintain or improve health IT performance are not considered information blocking.

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...

Defines the conditions under which an actor's practice of interfering with electronic health information access to reduce legal risk related to reproductive health care is not considered information blocking.

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...

Specifies the conditions under which an actor's practice of limiting the manner of fulfilling a request for electronic health information is not considered information blocking.

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

Outlines the criteria for charging fees for accessing, exchanging, or using electronic health information without violating information blocking regulations.

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 consi...

Specifies the conditions under which an actor's practice of licensing interoperability elements for electronic health information is not considered information blocking.

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...

Outlines the conditions under which limiting the manner of fulfilling an EHI request to TEFCA is not considered information blocking.