Understanding the Cures Act: Impact on Healthcare Data Sharing.

The Cures Act, signed into law in 2016, focuses on advancing interoperability, enhancing the usability, accessibility, privacy, and security of health information technology, and prohibiting information blocking. Information blocking is defined as a practice that interferes with, prevents, or discourages access, exchange, or use of electronic health information (EHI), except as required by law or covered by an exception defined by the Secretary of HHS.

Some common examples of information blocking include disabling or restricting the use of a capability that allows users to share EHI with other users, placing excessive fees on consumers for creating unique electronic health record (EHR) interfaces or connecting with other HIT systems, and configuring or implementing technology in ways that limit the types of data that can be exported or used from the technology, such as using non-standard implementation methods.

The Cures Act specifies that the information-blocking restrictions apply to providers (such as hospitals and physicians), health IT developers, and health information exchanges/networks (HIE/HINs).

The Information Blocking Rule (IBR) requires the sharing of the complete electronic PHI in the designated record set. This includes most of the medical record in almost all cases. The designated record sets contain medical records, payment and claims records, billing records, health plan enrollment records, case management records, and other records used by or for a covered entity to make decisions about individuals.

One of the significant changes brought by the IBR is the broad acceptance of clinical notes that patients can read almost instantly. However, for many healthcare providers and patients, the IBR will necessitate a shift in which patients can see test results before doctors can examine, interpret, and inform the patient about the results.