Information Blocking Compliance—Are You Ready?

Similar in structure to the Anti-Kickback Statute, the Office of the National Coordinator for Health IT’s Information Blocking Regulations, which implement the 21st Century Cures Act information blocking provisions, establish a broad general prohibition on any activities that appear to knowingly discourage the access, exchange or use of electronic health information, and then provide a set of exceptions, which if fully complied with provide a defense from violation of the broad general prohibition and the associated penalties.

This new body of regulations, however, represents a paradigm shift from the privacy laws the health care industry has historically followed, including HIPAA. Where HIPAA permitted many disclosures of electronic protected health information, the Information Blocking Regulations now require certain disclosures (sometimes in short order) unless an exception is met or a legitimate rationale for not disclosing the information is present. Health care providers and other covered actors must take steps now to implement organizational change that will allow compliance with the Information Blocking Regulations by April 5, 2021. This presentation will provide an overview of the regulatory requirements, a summary of the available exceptions and practical considerations for implementing organizational compliance.

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