The Information Blocking in Healthcare course will educate healthcare providers on health information blocking practices.
Information blocking is a practice by a health IT developer that interferes with the access or exchange of electronic health information (EHI). Section 4004 of the Cures Act outlines specific practices that qualify as information blocking.
For example, practices that restrict access or exchange of electronic health information for treatment count as information blocking. Additionally, facilities can implement health IT in complex ways to increase the complexity of accessing or exchanging EHI.
What You’ll Learn
- Introduction to information blocking
- Information blocking constitute
- Information blocking exceptions
- Information blocking actors
- Preventing harm and other exceptions
Details
Course length: 45 minutes.
Languages: American English
Key features: Audio narration, learning activity, and post-assessment
Get Certified
American Medical Compliance (AMC) is a leader in the industry for compliance, Billing, and HR solutions. To become certified, please visit us at American Medical Compliance (AMC).
Explore our other courses by visiting the AMC Course Library.
Information Blocking Exceptions
Section 4004 of the Cures Act outlines practices in line with information blocking and authorizes the Secretary of Health and Human Services (HHS) to identify exceptions to information blocking. ONC has established eight practices as exceptions to information blocking.
There are two categories of exceptions. First, there are exceptions that do not involve fulfilling requests to access or exchange EHI. Next, there are exceptions that do involve requests for access or use of EHI.
Information Blocking Actors
There are three categories of actors that the ONC Cures Act Final Rule regulates. First is health care providers. A healthcare provider can include a hospital, nursing facility, long-term care facility, clinic, or other entity approved by the HHS Secretary. The next category is health information networks. Health information networks refer to the individual or entity that determines and controls the technology and services used to access and exchange electronic health information. In particular, if two or more unaffiliated individuals are involved in the EHI request with the intention of using it for treatment or payment purposes, health information networks are involved. The last category is health IT developers. Health IT developers create health information technology services.
Preventing Harm Exception
This exception establishes that there can be conflicts between protecting patients against unreasonable harm and accessing or exchanging EHI. Here are more details regarding this exception:
If an actor engages in practices that reasonably protect a patient from harm, they are not participating in information blocking. There are some key conditions that must be present in order for the exception to occur. The main component of this exception is that the actor is participating in a practice that they believe will substantially reduce the risk of harm. Also, the practices used must not be extremely broad, unless absolutely necessary.
The actor must identify the type of risk, type of harm, and implementation basis of the practice used. Additionally, patients reserve the right to review the practice to determine if they believe there is a risk of harm.
Privacy Exception
There are certain conditions under privacy law in which actors may access or exchange EHI. Actors are not allowed to use or disclose EHI in manners prohibited by state or federal privacy laws.
If an actor does not manage EHI in a way to protect an individual’s privacy, they are not engaging in information blocking. There are some conditions that the actor’s practice must meet in order to be protective of patients’ privacy. This training provides more details on these conditions.
Security Exception
This exception covers legitimate security practices that actors may use. If an actor interferes with the access or exchange of EHI in order to protect its security, they are not using information blocking. Once again, the practice must meet certain criteria in order to qualify for this exception. The practice must help to keep EHI confidential and safe. Additionally, the actor must tailor the practice to address specific security risks.
It is crucial that the organization implements the practice in a manner that is consistent and non-discriminatory. Actors can choose to implement organizational security policies or security determinations. For more information on this exception, please refer to this course.
Infeasibility Exception
This exception recognizes the legitimate challenges that may affect an actor’s ability to fulfill requests regarding EHI. For example, an actor may not have the technological capabilities or legal rights to access or exchange the EHI. Therefore, if an actor does not fulfill a request regarding EHI due to infeasible conditions, they are not engaging in information blocking. Similar to the other exceptions, there are certain conditions that a practice must meet.
For example, uncontrollable events are infeasible. If there is a disaster or public health emergency and the actor is not able to fulfill the request, the practice is exempt under the Infeasibility Exception. Also, actors cannot segment EHI, even when requested to do so.
Health Performance IT Exception
It is not information blocking if an actor takes measures to change health IT in order to improve its overall performance. For health IT to perform properly, systems must have maintenance checks. Therefore, actors may need to take reasonable measures that make health IT unavailable or of less quality temporarily in order to improve the system as a whole.
The improvement practice must not occur for an unnecessarily long time period. Additionally, actors must implement the practice consistently.
There are also detailed requirements for maintaining third-party health IT applications. This training discusses these requirements in greater detail.
Content and Manner Exceptions
This exception occurs when an actor limits the content of or the manner of accessing and using EHI. Actors must decide what EHI content is and is not appropriate based on the nature of the request. Actors must respond to requests of this nature, but they are not required to provide all of the content requested. Additionally, the actor has the responsibility of determining the manner in which someone else will access or use EHI. Actors can use alternative manners when they are unable to fulfill the request in the manner that it was requested.
Fees Exception
Actors can charge fees for accessing and exchanging EHI without it being considered information blocking. The fees must be based on objective criteria and uniformly applied throughout the organization. Therefore, fees must be consistently administered in order to meet this exception.
