Lexology March 24, 2021
The 21st Century Cures Act Information Blocking Rule’s applicability date of April 5, 2021, is just around the corner. Nevertheless, healthcare providers are still struggling with understanding their obligations under the new Rule.
One of the biggest questions is whether clinicians can intentionally and routinely delay the release of categories of electronic health information (EHI) in order to first speak with the patient. A recent Office of the National Coordinator for Health Information Technology (ONC) Frequently Asked Question (FAQ) makes clear that such a delay would constitute “interference” under the Rule. But that is not the end of the inquiry, as providers can still assess whether their practices are reasonable and, therefore, not information blocking.
When the Information Blocking Rule...
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