Ensuring Compliance
As a threshold, providers should review the information blocking definition, examples and applicable exceptions set forth in the Cures Act and associated guidance and commentary released by the HHS. They should review and, if necessary, revise current policies, procedures and forms regarding the release of patient EHI. It is recommended providers review their EHR contracts to determine any compliance barriers that may exist. Providers should contact laboratory and imaging providers to determine appropriate time frames for access to patient results. Finally, providers and their workforce should participate in any training programs necessary to comply with the information-blocking framework.
Practice managers may consider creating a reference sheet and talking points for staff to use when responding to patient or other provider requests for access, exchange or use of EHI.
Steven M. Harris, Esq., is a nationally recognized healthcare attorney with McDonald Hopkins LLC. Contact him at [email protected].
Key Definitions
Electronic health information (EHI)—electronic protected health information in a designated record set, regardless of whether records are used or maintained by or for a covered entity.
EHI does not include psychotherapy notes or information compiled in reasonable anticipation of, or for use in, civil, criminal or administrative actions or proceedings.
Information blocking—business, technical and organizational practices that prevent or materially discourage the access, exchange or use of EHI when an actor knows, or should know, these practices are likely to interfere with access, exchange or use of EHI. If conducted by a healthcare provider, there must also be knowledge that such practice is unreasonable and likely to interfere with, prevent or materially discourage access, exchange or use of EHI.
