RESOURCE
Information Blocking and Interoparability
Rules and Resources
Read time: 7 min
Interoperability and information blocking are critical issues impacting patient care, operational efficiency, technology decisions, and data privacy and cybersecurity. Healthcare providers, technology vendors, payors, and other stakeholders face growing challenges to meet regulatory requirements, exchange health data securely, and ensure that patient information flows seamlessly between systems. At the same time, they must navigate complex legal and compliance landscapes shaped by laws like the 21st Century Cures Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and federal and state antitrust laws.
With civil litigation based on state law claims of prohibited information blocking on the rise and government investigations and enforcement related to information blocking on the horizon, it is crucial for stakeholders to stay ahead of these issues and be prepared to defend data sharing decisions. Our team of healthcare regulatory lawyers, policy specialists, and litigators has unparalleled experience developing risk-based data sharing practices and representing clients in connection with Office of Inspector General (OIG) and other government investigations and defending litigation in the health IT context. Check back regularly for the latest legal and policy developments that may impact your organization.
Information blocking in healthcare under US federal law refers to practices that interfere with the access, exchange, or use of electronic health information (EHI), except as required by law or specified in an information blocking exception and:
- If conducted by a certified health IT developer, health information network or health information exchange, such developer, network or exchange knows, or should know, that such practice is likely to interfere with access, exchange, or use of EHI; or
- If conducted by a health care provider, such provider knows that such practice is unreasonable and is likely to interfere with access, exchange, or use of EHI.
Information blocking may include an act that prevents or discourages the sharing of patient data. The regulations apply to various actors, including healthcare providers, certified health IT developers, and health information networks and health information exchanges (HINs/HIEs).
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