[{"innerBlocks":[],"name":"core\/freeform","postId":1235,"blockType":{"name":"core\/freeform","keywords":[],"attributes":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"providesContext":[],"usesContext":[],"selectors":[],"supports":{"className":false,"customClassName":false,"reusable":false},"styles":[],"variations":[],"apiVersion":3,"title":"Classic","description":"Use the classic WordPress editor.","category":"text"},"originalContent":"The healthcare industry is getting closer to a clearer definition of what the blocking of electronic health information is and what it is not, according to the Department of Health and Human Services.

Section 4004 of the 21st Century Cures Act authorizes HHS to identify reasonable and necessary activities that do not constitute information blocking.

Toward that end, the Office of the National Coordinator for Health IT last week made public its long-awaited proposed rule implementing the information blocking provisions of the Cures Act, while including seven exceptions to the definition of information blocking.

The seven exceptions<\/a> cover preventing harm; promoting the privacy of electronic health information; promoting the security of EHI; recovering costs reasonably incurred; responding to requests that are infeasible; licensing of interoperability elements on reasonable and non-discriminatory terms; and maintaining and improving health IT performance.

\u201cONC proposes seven categories of practices that would be considered reasonable and necessary that, provided certain conditions are met, would not constitute information blocking,\u201d according to the agency. \u201cIf the actions of a regulated actor (healthcare provider, health IT developer, or health information exchange or network) satisfy an exception, the actions would not be treated as information blocking and the actor would not be, as applicable, subject to civil penalties or other disincentives under the law.\u201d

Also See<\/b>: Proposed ONC rule requires FHIR interoperability standard<\/a>

\u201cBy supporting secure access of electronic health information and strongly discouraging information blocking, the proposed rule supports the bipartisan 21st Century Cures Act,\u201d says Don Rucker, MD, National Coordinator for HIT.

\u201cAt first glance, we are pleased that ONC\u2019s information blocking rule acknowledges in its exceptions the importance of promoting the privacy and security of electronic health information, which is a core tenet of the HIM profession,\u201d says Wylecia Wiggs Harris, CEO of the American Health Information Management Association.

A separate proposed rule issued by the Centers for Medicare and Medicaid Services attempts to shame \u201cbad actors\u201d with a proposal to publicly report providers or hospitals that participate in information blocking practices that unreasonably limit the availability, disclosure and use of electronic health information.

\u201cThe days of holding patient data hostage are over,\u201d declares CMS Administrator Seema Verma. \u201cOur proposed rule includes a policy to publicly identify doctors, hospitals and other healthcare providers who engage in information blocking. Simply put, we\u2019re going to expose the bad actors who are purposely trying to keep patients from their own information.\u201d

\u201cInformation blocking is a thing of the past,\u201d Verma adds, emphasizing that there is no more room for excuses. \u201cWe won\u2019t tolerate it anymore, and those of you that continue down this road will see less opportunities to engage in this practice in the future.\u201d

Under the Cures Act, the HHS Office of the Inspector General has the authority to investigate claims of information blocking and assign financial penalties of as much as $1 million per violation for practices found to be interfering with the lawful sharing of electronic health records. When finalized, the ONC rule will be used by HHS OIG to take enforcement action against those that impede the electronic flow of health data.

According to Rucker, there are four classes of entities that \u201ccome under the issue of information blocking\u201d\u2014electronic health record vendors, health information exchanges and networks and healthcare providers.

\u201cIn the Cures law, the first three\u2014EHR vendors, networks and exchanges\u2014are subject to similar monetary penalties,\u201d Rucker says. \u201cThat is a process where people would report to ONC\u2014we have a reporting mechanism\u2014and then we would refer to the Office of the Inspector General, who provides the enforcement.\u201d

At the same time, Rucker notes that \u201cthe provider penalties in Cures are to be determined by the Secretary, and that is something we\u2019re still working on collectively within Health and Human Services.\u201d

Joel White, executive director of the Health Innovation Alliance (formerly Health IT Now), a coalition of patient groups, provider organizations, employers and payers, contends that the proposed rules from HHS are a first step to ending the \u201cshameful business practices\u201d of bad actors blocking information.

\u201cWe will review them to ensure they are an honest attempt to end the business practices and technology issues confounding interoperability\u2014but end they must,\u201d White says. \u201cIf these rules do not achieve this end, we will be back. The future of healthcare depends on it.\u201d","saveContent":"The healthcare industry is getting closer to a clearer definition of what the blocking of electronic health information is and what it is not, according to the Department of Health and Human Services.

Section 4004 of the 21st Century Cures Act authorizes HHS to identify reasonable and necessary activities that do not constitute information blocking.

Toward that end, the Office of the National Coordinator for Health IT last week made public its long-awaited proposed rule implementing the information blocking provisions of the Cures Act, while including seven exceptions to the definition of information blocking.

The seven exceptions<\/a> cover preventing harm; promoting the privacy of electronic health information; promoting the security of EHI; recovering costs reasonably incurred; responding to requests that are infeasible; licensing of interoperability elements on reasonable and non-discriminatory terms; and maintaining and improving health IT performance.

\u201cONC proposes seven categories of practices that would be considered reasonable and necessary that, provided certain conditions are met, would not constitute information blocking,\u201d according to the agency. \u201cIf the actions of a regulated actor (healthcare provider, health IT developer, or health information exchange or network) satisfy an exception, the actions would not be treated as information blocking and the actor would not be, as applicable, subject to civil penalties or other disincentives under the law.\u201d

Also See<\/b>: Proposed ONC rule requires FHIR interoperability standard<\/a>

\u201cBy supporting secure access of electronic health information and strongly discouraging information blocking, the proposed rule supports the bipartisan 21st Century Cures Act,\u201d says Don Rucker, MD, National Coordinator for HIT.

\u201cAt first glance, we are pleased that ONC\u2019s information blocking rule acknowledges in its exceptions the importance of promoting the privacy and security of electronic health information, which is a core tenet of the HIM profession,\u201d says Wylecia Wiggs Harris, CEO of the American Health Information Management Association.

A separate proposed rule issued by the Centers for Medicare and Medicaid Services attempts to shame \u201cbad actors\u201d with a proposal to publicly report providers or hospitals that participate in information blocking practices that unreasonably limit the availability, disclosure and use of electronic health information.

\u201cThe days of holding patient data hostage are over,\u201d declares CMS Administrator Seema Verma. \u201cOur proposed rule includes a policy to publicly identify doctors, hospitals and other healthcare providers who engage in information blocking. Simply put, we\u2019re going to expose the bad actors who are purposely trying to keep patients from their own information.\u201d

\u201cInformation blocking is a thing of the past,\u201d Verma adds, emphasizing that there is no more room for excuses. \u201cWe won\u2019t tolerate it anymore, and those of you that continue down this road will see less opportunities to engage in this practice in the future.\u201d

Under the Cures Act, the HHS Office of the Inspector General has the authority to investigate claims of information blocking and assign financial penalties of as much as $1 million per violation for practices found to be interfering with the lawful sharing of electronic health records. When finalized, the ONC rule will be used by HHS OIG to take enforcement action against those that impede the electronic flow of health data.

According to Rucker, there are four classes of entities that \u201ccome under the issue of information blocking\u201d\u2014electronic health record vendors, health information exchanges and networks and healthcare providers.

\u201cIn the Cures law, the first three\u2014EHR vendors, networks and exchanges\u2014are subject to similar monetary penalties,\u201d Rucker says. \u201cThat is a process where people would report to ONC\u2014we have a reporting mechanism\u2014and then we would refer to the Office of the Inspector General, who provides the enforcement.\u201d

At the same time, Rucker notes that \u201cthe provider penalties in Cures are to be determined by the Secretary, and that is something we\u2019re still working on collectively within Health and Human Services.\u201d

Joel White, executive director of the Health Innovation Alliance (formerly Health IT Now), a coalition of patient groups, provider organizations, employers and payers, contends that the proposed rules from HHS are a first step to ending the \u201cshameful business practices\u201d of bad actors blocking information.

\u201cWe will review them to ensure they are an honest attempt to end the business practices and technology issues confounding interoperability\u2014but end they must,\u201d White says. \u201cIf these rules do not achieve this end, we will be back. The future of healthcare depends on it.\u201d","order":0,"get_parent":{},"attributes":[],"attributesType":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"dynamicContent":""}]

ONC proposed rule aims to provide clarity on information blocking

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