The U.S. Department of Health and Human Services (HHS) recently proposed a new rule to support seamless and secure access, exchange, and use of electronic health information (EHI).
The proposed rule is designed to increase innovation and competition by giving patients and their healthcare providers secure access to health information and new tools, allowing for more choice in care and treatment. It calls on the healthcare industry to adopt standardized application programming interfaces (APIs), which will help allow individuals to securely and easily access structured EHI using smartphone applications.
The proposed rule places a strong focus on a patient's ability to access their health information through a provision requiring that patients can electronically access all of their EHI (structured and/or unstructured) at no cost. Finally, to further support access and exchange of EHI, the proposed rule implements the information blocking provisions of the Cures Act. The rule proposes seven exceptions to the definition of information blocking.
The public comment period is now open for the proposed rule. We value all of your feedback – both positive and negative as it helps inform the rulemaking process. Below are the steps to submitting your comments:
Comments on the proposed rule are due by 11:59 pm ET on May 3, 2019.
Fact Sheets on the Proposed Rule
Information Blocking Exceptions - Fact Sheets
- Information Blocking Exception for Recovering Costs Reasonably Incurred [PDF – 180 KB]
- Information Blocking Exception for Practices that Prevent Harm [PDF – 160 KB]
- Information Blocking Exception for Practices that Maintain and Improve Health IT Performance [PDF – 144 KB]
- Information Blocking Exception for Requests that are Infeasible [PDF – 150 KB]
- Information Blocking Exception for Privacy-Protective Practices [PDF – 165 KB]
- Information Blocking Exception for the Licensing of Interoperability Elements on Reasonable and Non-discriminatory Terms [PDF – 20 6KB]
- Information Blocking Exception for Security-Related Practices [PDF – 235 KB]