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The New Information Blocking Rule Requires the Immediate Release of Electronic Health Information to Patient Portals
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tarting April 5, 2021, certain health care providers and other actors are required to comply with the new Information Blocking Rule (IBR). The IBR prohibits providers from knowingly engaging in any practice that is unreasonable and likely to interfere with the access, exchange or use of electronic health information (EHI), unless the interference is required by law or qualifies for an exception (aka safe harbor protection). There are eight (8) exceptions—Preventing Harm; Privacy; Security; Infeasibility; Health IT Performance; Content and Manner; Fees; and Licensing. A health care provider claiming safe harbor protection must be able to demonstrate that such provider satisfied all conditions of the applicable exception at all relevant times.
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A R I ZO N A P H Y S I C I A N M A G A Z I N E
The U.S. Department of Health & Human Services (HHS), Office of the National Coordinator (ONC) is accepting IBR complaints through its Information Blocking Portal on ONC’s website, HealthIT.gov. The HHS Office of Inspector General (OIG) has authority to investigate claims of information blocking against both provider organizations and individuals. If the OIG determines that a provider has violated the IBR, it will refer the provider to the appropriate agency for disincentives. HHS has not yet released the proposed rule for provider disincentives. Thus, IBR regulatory enforcement actions against providers will be delayed until the provider disincentives rule is finalized.
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