The Assistant Secretary for Technology Policy (ASTP) and the Office of the National Coordinator for Health Information Technology (ONC) recently published two final rules addressing exceptions to the information blocking prohibition. This article only addresses provisions of the rules that likely apply to allergists.
Information blocking prohibition
Information blocking is a practice by a health care practitioner that is likely to interfere with the access, exchange, or use of electronic health information (EHI), and the practitioner knows that the practice is unreasonable and is likely to interfere with the access, exchange, or use of EHI. However, a practice/practitioner will not be considered as participating in information blocking if it falls under one of the nine exceptions.
Exceptions that involve not fulfilling requests to access, exchange, or use EHI:
- Preventing Harm Exception
- Privacy Exception
- Security Exception
- Infeasibility Exception
- Health IT Performance Exception
Exceptions that involve procedures for fulfilling requests to access, exchange, or use EHI:
- Manner Exception
- Fees Exception
- Licensing Exception
Exceptions that involve practices related to participation in the Trusted Exchange Framework and Common Agreement (TEFCA):
- TEFCA Manner Exception
A practice that does not satisfy an exception will not automatically constitute information blocking. The practice will be evaluated on a case-by-case basis to determine whether information blocking has occurred. For more information on this prohibition, please refer to a previous article on the topic.
Final rule clarifying exceptions
The final rule revises, in relevant part, two existing exceptions:
- Privacy Exception: Under the current privacy exception, allergists do not commit information blocking when they do not fulfill a request to access EHI to protect an individual’s privacy. The rule revises the privacy sub-exception related to respecting an individual’s request not to share their information. The rule clarifies that compliance with any individual’s request to withhold information under this sub-exception’s requirements would not be considered information blocking, regardless of whether other valid law compels the actor to disclose EHI against the individual’s expressed wishes.
- Infeasibility Exception: This exception addresses when an allergist’s practice of not fulfilling a request to access, exchange, or use EHI due to the infeasibility of the request is not considered information blocking. The rule clarifies that this exception applies when allergists cannot fulfill the request for access, exchange, or use of EHI because they cannot unambiguously segment the requested EHI from other EHI that may be withheld in accordance with the information blocking regulations.
This final rule went into effect on Dec. 17, 2024. For additional information, please refer to the final rule, HTI-2: Protecting Care Access.
The Advocacy Council – ADVOCATING FOR ALLERGISTS AND THEIR PATIENTS.
