Do the information blocking regulations apply to an individual or entity that does not develop any products certified under the ONC Health IT Certification Program if that individual or entity resells or re-licenses select certified health IT developed by others?

Yes. For purposes of the information blocking regulation, a “health IT developer of certified health IT” is defined in 45 CFR 171.102. With the sole exception of a health care provider that self-develops certified health IT that is not offered to others, this definition is met by any individual or entity that develops or offers health IT certified under the ONC Health IT Certification Program. If an individual or entity offers certified health IT for any period of time on or after the applicability date of 45 CFR part 171, then they would be considered to be a “health IT developer of certified health IT” for purposes of their conduct during that time. The information blocking provision would not apply to conduct the individual or entity engaged in after they no longer have or no longer offer any certified health IT. However, claims of information blocking with respect to conduct occurring while the individual or entity had certified health IT could be acted upon by HHS after the individual or entity no longer had or offered certified health IT. (See also ONC Cures Act Final Rule page 85 FR 25797).

Updated:

This FAQ has been updated pursuant to the HTI-1 Final Rule.