HHS released a final rule on information blocking Dec. 17, amending two exceptions from previous information blocking rules and clarifying additional activities that don't constitute information blocking through the Protecting Care Access Act.
The agency also released a final rule Dec. 11 to simplify health IT certification and prevent electronic health information blocking. The new rule clarifies situations where providers are unable to provide electronic information, and allow patients to control how their information is shared.
Five things to know:
1. The Dec. 17 final rule addresses information blocking practices that create barriers to competition, innovation and patient access. It also aims to bolster information sharing without breaking patient privacy and legal compliance.
2. The final rule expands exceptions allowing providers to honor a patient's request not to share electronic health information, despite other laws that may compel disclosure. It incorporates flexibility into previous rules that would spotlight legal uncertainties, particularly in reproductive healthcare.
3. Providers won't be penalized if they can't share electronic health information because they don't have the technical ability to segment data under the new final rule. Providers are allowed to withhold electronic health information under the new exceptions, including the Protecting Care Access Exception.
4. Patients will have more control over their electronic health information, particularly in reproductive healthcare. The final rule gave consideration to privacy and sharing restrictions for reproductive health information.
5. The final rule went into effect Dec. 17.