No doubt, you have heard about the new Information Blocking Rule. Maybe you have already read articles, attended webinars, or watched virtual conferences talking about the rule. If you work in the healthcare industry, it would be hard to not have some awareness of the new federal effort to address information blocking. However, you may still be asking yourself, “What is the big deal?”
April 7, 2021
There seems to be a lot of confusion about who is subject to the prohibition on engaging in Information Blocking. Does it apply to everyone who is involved in the healthcare industry in any way? Is it only applicable to healthcare providers like physicians and hospitals? What about health insurance companies? We are being asked by a wide variety of individuals and organizations whether they are “covered” by the Information Blocking provisions. This article will try to provide clarity as to who is subject to this new regulation as an "Actor."
April 21, 2021
This should be a simple question, but it really is not! This article breaks down the components of an information blocking violation and takes a look at: (1) what constitutes a "practice" for purposes of the Information Blocking Rule, (2) what knowledge standard applies to the different types of Actors, and (3) what it means for a practice to be required by law.
May 10, 2021
You may have heard about the exceptions to the Information Blocking Rule and how these exceptions can protect an Actor from liability. But what are these exceptions, and what is their purpose? This first post in our series on the information blocking exceptions provides a high-level overview of the exceptions. Following this overview, we will provide a deeper dive into each of the eight exceptions.
June 3, 2021
In this second post in our series on the information blocking exceptions, we begin our deeper dive into the requirements of each exception by covering the Security Exception and the Health IT Performance Exception.
June 9, 2021
In this third post in our series on the information blocking exceptions, we unpack the Privacy Exception and each of its four subexceptions.
June 24, 2021