Unraveling Information Blocking FAQs: All You Need to Know

Unraveling Information Blocking FAQs: All You Need to Know

If you are one of the millions of patients in the US who have recently tried to access your medical records or transfer them to another healthcare provider, you may have encountered the term ‘information blocking.’ Information blocking is the practice of intentionally and unreasonably interfering with the exchange and use of electronic health information (EHI), also known as ‘data blocking.’ Unfortunately, information blocking has been a common barrier to the provision of timely, efficient, and quality healthcare, putting patients’ lives at risk and increasing costs for both patients and providers.

To address this issue, the US Congress passed the 21st Century Cures Act, which includes provisions to prevent information blocking and promote the interoperability of health information technology (HIT) systems. The Office of the National Coordinator for Health Information Technology (ONC) has recently published a final rule implementing these provisions, which will become effective on April 5, 2021. In this article, we will provide you with comprehensive FAQs about information blocking, its impact on patients and providers, the new requirements for compliance with the ONC rule, and best practices for avoiding information blocking.

Impact of Information Blocking on Patients and Providers

Information blocking can occur in various forms, from technical to financial to legal to behavioral. For instance, some HIT developers may use proprietary or customized standards that prevent the exchange of EHI with other technologies, while some healthcare providers may refuse to share certain information with their patients or other providers without a valid or legitimate reason. Such conduct has significant consequences for patients and providers alike, such as:

– Delayed diagnoses, treatments, and referrals that may jeopardize patients’ health and wellbeing
– Increased medical errors, duplications, and omissions that may harm patients and lead to avoidable expenses
– Higher costs for patients who have to repeat tests, procedures, or visits unnecessarily or switch providers due to lack of information continuity
– Frustration, confusion, and mistrust on the part of patients who may feel excluded from their own care decisions or disadvantaged by uneven or biased access to EHI
– Legal liabilities, reputational damages, and financial penalties on the part of providers who may be held accountable for information blocking violations

New Requirements for Compliance with the ONC Rule

Under the ONC rule, any healthcare provider, developer, or exchange must prevent information blocking by complying with the following requirements:

– Not interfering with the exchange or use of EHI in any way that is likely to interfere with, prevent, or materially discourage access, exchange, or use of EHI
– Publishing all EHI elements and their associated data classes and value sets as required by the US Core Data for Interoperability (USCDI) standard, except for the limited instances where a data element does not exist or cannot be collected because it is prohibited by law or deemed unreasonable
– Implementing open standards, APIs, and other technologies that allow for the secure, reliable, and efficient exchange of EHI, with the cost of implementation borne by the implementing party
– Certifying compliance with the ONC rule and providing public availability of the certification results through the ONC Health IT Certification Program
– Assisting patients, their personal representatives, and other authorized users in accessing, exchanging, and using EHI in a timely, complete, and accurate manner, regardless of the requesting party’s affiliation or location
– Maintaining records and documenting compliance with the ONC rule and its exceptions, with records subject to audit and review by ONC upon request

Best Practices for Avoiding Information Blocking

To ensure compliance with the ONC rule and avoid information blocking, healthcare providers, developers, and exchanges may follow some best practices, such as:

– Establishing clear policies and procedures for information sharing, privacy, security, and consent that align with the ONC rule and state and federal laws and regulations
– Educating patients, providers, and staff about the benefits of interoperability and the risks of information blocking, and providing training and technical assistance on HIT use and IT security
– Engaging in collaborative efforts with other providers, payers, and stakeholders to promote the development and adoption of common standards, APIs, and other technologies that foster interoperability and data exchange
– Conducting regular risk assessments and audits on HIT systems and transactions to identify and mitigate potential barriers or vulnerabilities to information sharing and interoperability
– Ensuring that HIT developers and vendors comply with the ONC rule and provide adequate support and updates for their products and services, and that contracts between providers and vendors reflect these obligations

Conclusion

Information blocking is a serious problem that hinders the efficient and effective delivery of healthcare services, affects the quality of care, and threatens patients’ rights and safety. The ONC rule provides a framework for preventing information blocking and promoting interoperability through the use of open standards, APIs, certification, and other measures. Compliance with the ONC rule requires healthcare providers, developers, and exchanges to adopt best practices that ensure timely, complete, accurate, and secure access, exchange, and use of EHI by patients, providers, and other authorized entities. By following these guidelines and breaking down the information silos that impede health information exchange, we can improve the quality and safety of healthcare and empower patients to take control of their health.