“The information blocking regulations at 45 CFR Part 171 began to apply to health care providers, health IT developers of certified health IT, health information exchanges, and health information networks on April 5, 2021, per ONC’s recent interim final rule. That makes now a good time to consider stakeholders’ views about practices that may constitute information blocking, including the extent to which they exist. Our recent study in the Journal of the American Medical Informatics Association reports on a survey of health information exchanges’ (HIEs) perceptions of other stakeholders’ practices related to information blocking. Our results indicate that there is a perception that practices that may constitute information blocking are common and underline the need for further assessment to determine whether they would meet the information blocking definition laid out in the 21st Century Cures Act and further implemented by ONC’s information blocking regulations.”
“Information blocking, as defined by the statute and regulations, is challenging to measure at a broad scale because it is more than just whether electronic health information (EHI) did not flow “freely.” Instead, it involves a series of elements. It must be determined: whether an individual or entity is covered by the information blocking regulations (“actor”); whether the actor had the requisite knowledge; whether the EHI is within the scope of the definition found in 45 CFR Part 171; whether “the practice” is likely to interfere with, prevent, or materially discourage access, exchange or use of EHI; whether the practice is required by law; and whether the practice meets a specific information blocking exception.”
“Given that the survey was conducted prior to finalization of the information blocking regulations, it does not address all of the statutory and regulatory criteria. However, by conducting the survey before ONC’s Cures Act Final Rule was finalized, we will be able to examine future trends in perceived prevalence of behaviors that may be associated with information blocking after the rule applies…” Read the full article here.
Source: Information Blocking Through the Eyes of Health Information Exchanges — By Vaishali Patel and Jordan Everson, May 10, 2021. Health IT Buzz.
