Information blocking refers to any practice that obstructs, prevents, or discourages the access, exchange, or use of electronic health information (EHI), as defined by the Cures Act. Enacted in 2016, the Cures Act aims to advance medical research and innovation by promoting interoperability and prohibiting information blocking, among other objectives.
To ensure compliance with the Cures Act, organizations need to understand the exemptions to information blocking and implement measures accordingly. Here are some key exemptions:
1. Preventing Harm Exception: This exception allows practices that are reasonable and necessary to prevent harm to patients or others, provided certain conditions are met. It recognizes the importance of protecting individuals against unreasonable risks of harm.
2. Privacy Exception: Information blocking is not applicable if an actor does not fulfill a request to access, exchange, or use EHI to protect an individual's privacy, given certain conditions. It acknowledges the need to adhere to privacy laws while ensuring access to health information.
3. Security Exception: Actors can interfere with access, exchange, or use of EHI to protect its security without being considered as information blocking. This exception covers legitimate security practices while allowing flexibility in security measures.
4. Infeasibility Exception: When fulfilling a request for EHI is infeasible due to practical challenges, it does not constitute information blocking. This exception recognizes limitations in technological capabilities or legal rights that may hinder compliance with requests.
5. Health IT Performance Exception: Temporarily making health IT unable or degrading its performance for overall benefit is not considered information blocking. It acknowledges the need for maintenance and improvement of health IT systems.
6. Content and Manner Exception: Actors can limit the content or manner of their response to a request for EHI without being deemed as information blocking. This exception provides flexibility in fulfilling requests while promoting innovation and competition.
7. Fees Exception: Charging fees for access, exchange, or use of EHI, including reasonable profit margins, does not constitute information blocking. This exception enables organizations to recover costs related to interoperability enhancements.
8. Licensing Exception: Licensing interoperability elements for EHI access, exchange, or use is not considered information blocking. It allows organizations to protect their innovations and earn returns on investments.
To ensure compliance with the Cures Act, organizations should assess their practices against these exemptions and implement necessary changes. By understanding and adhering to these exemptions, organizations can promote interoperability and enhance the flow of electronic health information while avoiding penalties for information blocking.
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