How would any claim or report of information blocking be evaluated?

The facts and circumstances of each situation or allegation would need to be evaluated. Whether a practice constitutes information blocking depends on the unique facts and circumstances of the practice. More specifically, information blocking occurs when: an individual or entity engaging in a practice is an actor as defined in 45 CFR 171.102; the practice involves EHI as defined in 45 CFR 171.102; the actor meets the requisite knowledge standard applicable to the type of actor; the practice is likely to prevent, materially discourage, or otherwise inhibit the access, exchange, or use of EHI; the practice is not one that is required by law; and the practice is not covered by an exception under 45 CFR Part 171.