Is it information blocking when state law requires a specific delay in communication of EHI, or that certain information be communicated to the patient in a particular way, before the information is made available to the patient electronically?

No. The definition of information blocking (45 CFR 171.103) does not include practices that interfere with access, exchange or use of EHI when they are specifically required by applicable law (see 85 FR 25794). To the extent the actor’s practice is likely to interfere with access, exchange, or use of EHI beyond what would be specifically necessary to comply with applicable law, the practice could implicate the information blocking definition.

ID:IB.FAQ25.1.2021JAN