Do the information blocking regulations (45 CFR Part 171) require actors to make patients aware of newly available electronic health information (EHI)?
Do the information blocking regulations (45 CFR Part 171) require actors to make patients aware of newly available electronic health information (EHI)?
There is no specific regulatory provision under the information blocking regulations that expressly requires actors to make individuals aware of newly available EHI, whether from a recent clinical encounter or newly available historical EHI not previously accessible to a patient. In most circumstances, practices to notify patients (e.g., by text alert or email) about newly available EHI or stopping such notifications would likely not be considered information blocking.
Please see the following FAQ for more information on how practices would be evaluated to determine whether the unique facts and circumstances constitute information blocking: How would any claim or report of information blocking be evaluated?