Davis Wright Tremaine – Information Blocking One Year Later
August 12, 2021 @ 11:30 am - 12:30 pm
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Information Blocking One Year Later: Key Challenges at the HIMSS Global Health Conference & Exhibition
On May 1, 2020, the Office of the National Coordinator of Health Information Technology (ONC) issued its Information Blocking Rule, which requires a fundamental shift in how healthcare providers and health IT companies think about health data. Providers may not interfere with any third party’s access to their health data, unless one of the rule’s limited exceptions apply. As organizations scrambled to come into compliance, ONC extended the compliance date for the rule to April 5, 2021. The rule generally prohibits healthcare providers, health IT developers, and health information exchanges from knowingly interfering with the access, exchange, or use of electronic health information. It includes limited exceptions for certain practices, but with strict and complicated conditions that must be met.
DWT partner Adam Greene and BABC healthcare attorney Amy Leopard will discuss what has been learned in the first months of implementation of the rule, dispel common misconceptions, and identify practical steps you can take to bring your organization into compliance.
- Describe what is meant by information blocking, and provide examples of practices that would be considered information blocking.
- Evaluate the exceptions under the Information Blocking Rule to identify pathways that are useful for helping healthcare providers, health IT developers, and health information exchanges and networks comply with the Information Blocking Rule.
- Predict areas in the implementation of an information blocking compliance plan, which are likely to present challenges and identify practical solutions to address those challenges.