Lexology December 17, 2019
Manatt Phelps & Phillips LLP

Editor’s Note: The information blocking rule—now moved to the Office of Management and Budget (OMB), the last step before a rule is promulgated—is significant because it reverses the typical framework governing the privacy of health information. Under the information blocking rule, a requested disclosure of information is no longer optional, as it had been under previous privacy requirements, such as the Health Insurance Portability and Accountability Act (HIPAA) privacy rule. Instead, disclosure of information must be made unless an information blocking exception applies. The goal is to address years of concern about the lack of interoperability in the healthcare system and the belief that some players wrongfully fail to disclose information to competitors even when doing so is in the...