Information Blocking

Portrait of Dan Healy

IB the API, I think not

Dan Healy | October 23, 2024

In a recent blog post, Assistant Secretary for Technology Policy Micky Tripathi described our agency’s growing concerns about potential lack of compliance with statutes and regulations related to information sharing. That blog post covered issues related to developers of certified health IT and ASTP/ONC Health IT Certification Program (Certification Program) API requirements. In this blog post we share concerns that have been brought to our attention pertaining to potential violations of the information blocking regulations by health care providers as well as developers of certified health IT.

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Portrait of Micky Tripathi

Supporting Information Privacy for Patients, Now and Always: Four Reminders of How HHS Information Blocking Regulations Recognize Privacy Rules

Micky Tripathi | May 13, 2024

On April 22, 2024, the Biden-Harris Administration, through the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a final rule, entitled HIPAA Privacy Rule to Support Reproductive Health Care Privacy. HHS issued this final rule after hearing from communities that changes were needed to better protect patient confidentiality and prevent medical records from being used against people for providing or obtaining lawful reproductive health care. The final rule strengthens the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule by prohibiting the disclosure of protected health information (PHI) where the PHI is sought for use against any person for merely seeking,

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Portrait of Micky Tripathi

Consequences for Information Blocking: New Proposals to Establish Disincentives for Health Care Providers

Micky Tripathi | October 30, 2023

A new proposed rule released today by the U.S. Department of Health and Human Services (HHS) details HHS’ first steps for holding health care providers accountable for information blocking under the 21st Century Cures Act (Cures Act). Specifically, the “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking” proposed rule proposes to establish a department-wide regulatory framework for managing disincentives and proposes an initial set of appropriate disincentives in Centers for Medicare &

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Portrait of Jordan Everson

Updated Insights on Hospital Leaders’ Perceptions of Information Blocking

Jordan Everson | June 14, 2023

In a recent study in the Journal of the American Medical Informatics Association (JAMIA), we leveraged data from the 2020 American Hospital Association (AHA) Information Technology Supplement gathered from April-June 2021, shortly after the initial applicability date of the information blocking regulations (April 5, 2021). We found that 42% of hospitals perceived that at least one type of information blocking “actor” (health care provider, health information network/health information exchange, or health IT developer of certified health IT) engaged in practices that may constitute information blocking.

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Portrait of Rachel Nelson

Information Blocking Regulations Work in Concert with HIPAA Rules and Other Privacy Laws to Support Health Information Privacy

Rachel Nelson | April 12, 2023

We often get asked about how ONC’s information blocking regulations and HHS’ Office for Civil Rights’ (OCR) Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules) interact with one another. To help clarify, ONC just released a few new information blocking frequently asked questions (FAQs) that illustrate how the federal regulations interact. This post also reviews how the information blocking regulations interact with the HIPAA Privacy Rule and other laws that impose specific restrictions on information sharing to protect the privacy of an individual’s health information.

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