HealthLaw IQBETA

Health IT & Information Blocking

Health IT regulations under the 21st Century Cures Act establish standards for health information technology certification and prohibit information blocking. The information blocking rules apply to healthcare providers, health IT developers, health information exchanges, and health information networks. The goal is to promote interoperability and patient access to their electronic health information.

Citation: 45 C.F.R. Parts 170-171
Sections: 75
Words indexed: 55,557
Applies to: Healthcare providers, health IT developers of certified health IT, health information exchanges (HIEs), and health information networks (HINs)

Key Points

Information blocking is a practice that is likely to interfere with the access, exchange, or use of electronic health information (EHI)

Eight exceptions define practices that are not considered information blocking (privacy, security, infeasibility, content/manner, fees, licensing, health IT performance)

Health IT developers must certify their products meet ONC criteria for interoperability

Providers that engage in information blocking may face penalties and disincentives

EHI includes all electronic PHI plus other data in a designated record set

Key Areas

Certification Criteria

Health IT module certification, testing procedures

Information Blocking

Prohibited practices, exceptions, actors subject to the rule

Key Provisions

171.103

Information Blocking Definition

Defines what constitutes information blocking for each type of actor. Critical for understanding compliance obligations.

171.200

Information Blocking Exceptions

The eight exceptions that protect practices from being considered information blocking. Knowing these is essential for compliance.

All Regulation Sections

Part 170Health Information Technology(51)

Part 171Information Blocking(24)