Update on Federal Cures Act Information Blocking Rule
The definition of "electronic health information" (EHI) subject to the federal Cures Act Information Blocking (IB) Rule has been expanded as of Oct. 6th to include the "electronic protected health information" (ePHI) in the "designated record set," as defined by the Health Insurance Portability and Accountability Act (HIPAA). As a result, the ePHI that is included in a provider's "designated record set" is now subject to IB requirements and prohibitions.
The IB Rule is intended to facilitate access to EHI by patients and among their providers. It prohibits practices that are "likely to interfere with access, exchange, or use of electronic health information (EHI); and . . . if conducted by a health care provider, such provider knows that such practice is unreasonable and is likely to interfere with the access, exchange, or use of EHI." It applies to all health care providers, including nursing homes, home health agencies, and health care practitioners. Regulations have established eight “exceptions” for reasonable and necessary “practices” that will not be considered IB.
The U.S. Department of Health and Human Services (HHS) has not yet specified the "disincentives" or penalties that will be imposed on providers that violate the IB Rule. The IB Rule was adopted in 2020 and took effect in April 2021. Its scope was limited for another 18 months until Oct. 6th.
LeadingAge National will be meeting with the Office of the National Coordinator for Health Information Technology (ONC) later this month to discuss the implementation of this Rule and its potential impact on long-term/post-acute care providers.
For more information, see the LeadingAge National Frequently Asked Questions (FAQs) here and the ONC blog here.
Contact: Karen Lipson, klipson@leadingageny.org