SGO created FAQs to assist members with navigating information blocking rules and guidelines. Information blocking is defined as “business, technical, and organizational practices that prevent or materially discourage the access, exchange, or use of electronic health information (EHI) when an Actor knows, or (for some Actors like EHR vendors) should know, that these practices are likely to interfere with access, exchange, or use of EHI.” In other words, information blocking is any action that interferes with the access, exchange, or use of EHI.
Information blocking regulations were born out the 21st Century Cures Act (P.L. 114-255), enacted by former President Obama in December 2016. The Cures Act created regulations to stop the use of information blocking practices by providers, health IT developers, and health information networks.
The American Medical Association (AMA) outlines easy to follow steps to assist providers in getting started with the new rules, as well as a slew of other resources, including learning modules, that explain what the new rule means for them and their medical practices.
FAQs — Information Blocking Rules
- When did the information blocking rules take effect?
- The final rule promulgated by the Office of the National Coordinator (ONC) went into effect on April 5, 2021, with enforcement that began on July 1, 2021.
- How does information blocking affect my practice or institution?
- The information blocking rules were created to increase patients’ access to their health records and to promote interoperability. There are steps and programs that need to be developed so that your organization or practice complies with the new rules and regulations.
- The American Medical Association (AMA) outlines easy to follow steps to assist providers in getting started with the new rules.
- What is an example of information blocking?
- If a patient requests their EHI and the practitioner delays in releasing those data to the patient, this is considered interference and hence is information blocking.
- How do the new rules affect me in a practical sense? For example, will my patients have access to their lab or radiology test results before I have had a chance to review and discuss with the patient?
- Since the information blocking rules also apply to laboratories, lab test results are released to patients as soon as they are available. Providers must navigate the nuances of patient care, given that patients will have early access to medical information that they may try to interpret on their own.
- Patients may also request access to chart notes and other information contained in their medical record including their inpatient provider and nursing notes, and outpatient clinic notes.
- Where can I find resources to help me understand how to comply with the rules of information blocking?
- There are many resources available from the AMA, including learning modules that are available for CME. In addition, an Information Blocking Resource Center has been created to house helpful information from other organizations including the Medical Group Management Association, American College of Cardiology, AHIMA, and others.
- The Health IT webpage from the ONC also provide resources to help health providers and other entities navigate the new rules and policies.
- Finally, an Information Blocking FAQ has been created by ONC and is continuously updated with new questions and answers.