Is information blocking ever permitted according to the 21st Century Cures Act?
There are several circumstances under which a health care provider…
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Is information blocking ever permitted according to the 21st Century Cures Act?
There are several circumstances under which a health care provider could not allow a patient access to their electronic records. Provided certain conditions are met, it is not information blocking:
to engage in practices that are reasonable and necessary to prevent harm to a patient or another person.
to interfere with the access, exchange, or use of electronic health information (EHI) to protect the security of EHI.
if a provider does not fulfill a request to access, exchange or use EHI due to the infeasibility of the request.
to take reasonable and necessary measures to make health IT temporarily unavailable or to degrade the health IT’s performance for the benefit of the overall performance of the health IT.
to limit the content of a response to a request to access, exchange or use EHI, or how you fulfill a request to access, exchange or use EHI.
to charge fees, including fees that result in a reasonable profit margin, for accessing, exchanging, or using EHI.
to license interoperability elements for EHI to be accessed, exchanged, or used.
Before making a denial for an information request, be sure to research and fully understand the requirements of the exception.
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