National Law Review November 3, 2020
Daniel Balk III

Healthcare providers are subject to a vast array of privacy laws but, until recently, still had discretion in fulfilling requests for information. Now, new rules governing “information blocking” will curtail this discretion and impose new compliance risks in fulfilling requests for healthcare information. “Information blocking” is the prohibited practice of interfering with access, exchange, or use of electronic health information (“EHI”). This Legal Update will outline (1) who must comply with the new rules, (2) the basic requirements of the new information blocking rules, (3) the relevant exceptions to these requirements, and (4) practical considerations for health care providers seeking to comply with the new rules by the compliance date in April 2021.

1. Who Must Comply with the New...

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