Information Blocking Exceptions: Licensing (Part 8 of 8)

We have made it, folks! We have reached the final post in Gravely Group’s series on the Information Blocking Exceptions from the ONC Final Rule! (Don’t worry, though! This may be the last of the eight exceptions, but Gravely Group will continue to post new Information Blocking content.) We wrap up the Information Blocking Exceptions that… Continue reading Information Blocking Exceptions: Licensing (Part 8 of 8)

Information Blocking Exceptions: Fees (Part 7 of 8)

In this penultimate post in Gravely Group’s series on the Information Blocking Exceptions from the ONC Final Rule, we continue to explore the exceptions that deal with how an Actor fulfills requests for access, exchange, or use of electronic health information (EHI). In this post, Gravely Group covers the Fees Exception. The Fees Exception considers when an Actor’s Practice of charging fees for accessing, exchanging,… Continue reading Information Blocking Exceptions: Fees (Part 7 of 8)

Information Blocking Exceptions: Content & Manner (Part 6 of 8)

With this next post in Gravely Group’s series on the Information Blocking Exceptions from the ONC Final Rule, we shift from the exceptions that deal with not fulfilling requests for access, exchange, or use of electronic health information (EHI) to the exceptions that deal with how requests to access, exchange, or use EHI are fulfilled. We begin this second category… Continue reading Information Blocking Exceptions: Content & Manner (Part 6 of 8)

Information Blocking Exceptions: Infeasibility (Part 5 of 8)

With four exceptions already down, we have four more to go in Gravely Group’s series on the Information Blocking Exceptions under the ONC Final Rule. In this post, Gravely Group discusses the Infeasibility Exception. The Infeasibility Exception looks at when an Actor’s Practice of not fulfilling a request to access, exchange, or use electronic health information (EHI) will, nonetheless, not be considered… Continue reading Information Blocking Exceptions: Infeasibility (Part 5 of 8)

Information Blocking Exceptions: Preventing Harm (Part 4 of 8)

This next installment of Gravely Group’s series covering the information blocking exceptions, outlines the Preventing Harm Exception. This exception focuses on when an Actor’s Practice that is likely to interfere with the access, exchange, or use of electronic health information (EHI) will, nonetheless, not be considered information blocking because the Practice is reasonably intended to prevent harm to an individual.  If you have… Continue reading Information Blocking Exceptions: Preventing Harm (Part 4 of 8)

Information Blocking Exceptions: Privacy (Part 3 of 8)

In this third post in Gravely Group’s series on the information blocking exceptions, we will walk through the requirements of the Privacy Exception. The Privacy Exception focuses on when an Actor’s Practice of not fulfilling a request for electronic health information (EHI) will, nonetheless, not be considered information blocking because the EHI is withheld in order to protect an individual’s privacy.… Continue reading Information Blocking Exceptions: Privacy (Part 3 of 8)

Information Blocking Exceptions: Security & Health IT Performance (Part 2 of 8)

In Part 1 of our series on the information blocking exceptions, Gravely Group explained the rationale behind the creation of a set of exceptions for certain Practices that, while otherwise constituting information blocking, are nonetheless permitted because such Practices serve a greater public good. We also described the two categories of information blocking exceptions created by ONC, and we… Continue reading Information Blocking Exceptions: Security & Health IT Performance (Part 2 of 8)

Information Blocking Exceptions – Overview (Part 1 of 8)

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? Congress, in the 21st Century Cures Act, directed the Secretary of Health and Human Services to identify activities that would implicate information blocking but… Continue reading Information Blocking Exceptions – Overview (Part 1 of 8)

What is an Information Blocking Violation?

This should be a simple question, but it really is not! An Information Blocking violation consists of the following components: Identifying “Practices” We have discussed in a previous post how an individual or entity can determine if they are an Actor for purposes of the Information Blocking Rule. In order to violate the Information Blocking Rule, the Actor… Continue reading What is an Information Blocking Violation?

Am I “Covered” by the Information Blocking Rule?

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… Continue reading Am I “Covered” by the Information Blocking Rule?