ONC’s Proposed Rule Updates to the 21st Century Cures Act Regulations

Lexology April 19, 2023
Baker & Hostetler LLP

Key Takeaways

• ONC proposes several changes to certification criterion, including a change to improve transparency and reliability for the use of artificial intelligence in clinical decision support tools.
• ONC proposes several updates to improve patient privacy, including requiring EHR functionality to flag instances in which a patient has requested that data be restricted from subsequent use or disclosure.
• ONC proposes updates to the information blocking regulations, including defining what it means to “offer health IT,” revising the “uncontrollable events” condition and proposing two new conditions to the Infeasibility Exception, and creating a new condition under the (as-proposed) Manner Exception.

On April 18, the Office of the National Coordinator for Health Information Technology (ONC) formally published its proposed rule...

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