Are health information networks (HINs) or health information exchanges (HIEs) subject to the information blocking regulation even if they do not use any certified health IT?

Yes, any individual or entity that meets the definition of at least one category of actor —“health care provider,” “health IT developer of certified health IT,” or “health information network or health information exchange” — as defined in 45 CFR 171.102 is subject to the information blocking regulation in 45 CFR part 171. The information blocking regulations in 45 CFR part 171 apply to an entity that meets the HIN or HIE definition regardless of whether any of the health IT the HIN or HIE uses is certified under the ONC Health IT Certification Program.