Cures Act Information Blocking Rule: Steps to Take to Ensure Your Practice Is in Compliance

by Steven M. Harris, Esq. •

Steven M. Harris, EsqSteven M. Harris, Esq., is a nationally recognized healthcare attorney with McDonald Hopkins LLC. Contact him at sharris@mcdonaldhopkins.com.

Key Definitions

Electronic health information (EHI)—Electronic protected health information in a designated record set, regardless of whether records are used or maintained by or for a covered entity. EHI does not include psychotherapy notes or information compiled in reasonable anticipation of, or for use in, civil, criminal, or administrative actions or proceedings.

Information blocking—Business, technical, and organizational practices that prevent or materially discourage the access to, exchange of, or use of EHI when a provider knows, or should know, these practices are likely to interfere with access to, exchange of, or use of EHI. If conducted by a healthcare provider, there must also be knowledge that such practice is unreasonable and likely to interfere with, prevent, or materially discourage access to, exchange of, or use of EHI.