Policy & Regulations

Medial Records Ownership and the Information Blocking Rules

Holland & Knight
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Medial Records Ownership and the Information Blocking Rules

Do rules even apply?

In this Holland & Knight article, you'll learn about:
  • The Information Blocking Rule

" The Information Blocking Rule promulgated by the Office of the National Coordinator for Health Information Technology (ONC), implemented provisions of the 21st Century Cures Act (Cures Act) is designed to prohibit information blocking and to foster the interoperable exchange of health information between stakeholders.7 "

  • How healthcare providers can avoid information blocking

" A healthcare provider's practice or policy will not be considered as information blocking if it falls within one of the eight exceptions under the Rule: 1) Preventing Harm, 2) Privacy, 3) Security, 4) Infeasibility, 5) Health IT Performance, 6) Content and Manner, 7) Fees and 8) Licensing.15 "

  • How conflicts in law can undermine data access regulations

" Thus, in those states where the law is silent, this may lead to disagreement regarding the access to – and release of – the medical records to physicians when leaving a group practice. But new federal regulations prohibiting "information blocking" may make ownership of medical records less important as it relates to granting requests to access medical records in electronic form. "


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