The healthcare industry has been undergoing a remarkable transformation over the past few years, with new healthcare technologies and data exchange standards emerging on a regular basis. In an effort to improve care coordination, patient care and interoperability across the healthcare continuum, the Office of the National Coordinator for Health Information Technology (ONC) introduced the Information Blocking Rule.
The Information Blocking Rule was a long-awaited regulation that was first proposed in 2019 by the ONC. The final rule, which was published in May 2020, outlines the prohibitions on information blocking and establishes exceptions under which physicians, hospitals, and other stakeholders can limit access and exchange of electronic health records (EHR) and other health information technology (HIT) systems.
So, what exactly does the Information Blocking Rule mean for healthcare providers? In this article, we’ll explore the key takeaways from the ONC’s Information Blocking Rule that are essential for healthcare providers to understand.
1. What is Information Blocking?
Information blocking is the practice of intentionally interfering with or hindering the access, exchange, or use of electronic health information (EHI) for legitimate purposes. Healthcare providers, hospitals, and IT vendors who engage in information blocking can be fined up to $1 million per instance.
2. Exceptions to the Rule
The ONC has outlined eight exceptions to the Information Blocking Rule, which are:
● Privacy Exception
● Security Exception
● Infeasibility Exception
● Health IT Performance Exception
● Content and Manner Exception
● Fees Exception
● Licensure Exception
● Intellectual Property Exception
It’s important to note that healthcare providers may not deny patients access to their EHI for payment, quality improvement, or any other meaningful use activities.
3. Patient Access to EHI
The Information Blocking Rule mandates that healthcare providers must give patients access to their EHI within a timely manner, which should not exceed 15 business days. Patients have the right to receive their EHI in the format they prefer, whether it be PDF, CSV, or any other format that’s available. Providers that do not comply with these requirements can face severe penalties.
4. What Does This Mean for Healthcare Providers?
The Information Blocking Rule has significant implications for healthcare providers. Healthcare providers must work with their IT vendors to ensure that EHR systems and other HIT systems are interoperable, secure, and meet the requirements outlined in the Information Blocking Rule. Providers should also ensure that their staff is trained on the rule’s provisions, as well as any relevant state and federal laws and regulations.
Conclusion
The ONC’s Information Blocking Rule is an essential regulation that promotes patient-centric care, promotes interoperability, and encourages healthcare providers to engage in appropriate exchange of EHI. Healthcare providers must be aware of the rule’s requirements, understand its implications, and take appropriate steps to ensure that they are in compliance. By doing so, providers can ensure that they avoid costly penalties while providing the best possible patient care.
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