A Manner Exception Primer

By the EHR Association Information Blocking Compliance Task Force

This is the second blog in our occasional series on information blocking, the goal of which is to educate our membership and other impacted stakeholders on information blocking requirements and exceptions. The first installment shared the history and description of information blocking. This entry is focused on the Manner Exception, its history, and what it means. 

History of the Exception

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What is Information Blocking? 

By the EHR Association Information Blocking Compliance Task Force

This blog marks the beginning of a series by the EHR Association on information blocking – what it is and what the “reasonable and necessary activities” are that constitute exceptions as defined by ASTP/ONC regulations. Given that it has been five years since the initial release of information blocking regulations and the recent renewal of focus on enforcing the law, this is an opportune time for a refresher on the topic.

Our goal with this series is to educate our membership and other impacted stakeholders on information blocking requirements and exceptions. This first installment shares the history and description of information blocking requirements. Future blogs will illustrate how we expect exceptions to be used and will highlight ambiguities and/or challenges with the framework that we believe will be insightful to regulators and other interested parties. 

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Advocating for Inclusive Disincentives to Support Broader Information Sharing

By Leigh Burchell (Altera Digital Health), Vice Chair, EHR Association Information Blocking Compliance Task Force

The EHR Association submitted feedback to the Office of the National Coordinator’s proposed rule for Health Information Technology (ONC) concerning the Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking. This proposed rule aims to establish disincentives for healthcare providers found guilty of information blocking. The Association’s comments, while reinforcing our commitment to improving information sharing, also highlight the need for a more inclusive approach to disincentives that could motivate a wider range of healthcare providers to embrace information sharing best practices.

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How Not to Lose $1 Million: Preparing for OIG’s Information Blocking Enforcement

Guest post by Alya Sulaiman and James A. Cannatti III, Partners with McDermott, Will & Emery LLP

On Sept. 1, 2023, the HHS Office of Inspector General (OIG) began enforcing rules against information blocking in healthcare – authority it was granted under the 21st Century Cures Act – putting certified health IT developers, HINs, and HIEs at risk of civil monetary penalties (CMPs) of up to $1 million for each confirmed violation. (Ultimately, healthcare providers will also be subject to disincentives for information blocking not yet published by HHS.) The EHR Association’s membership is committed to preventing information blocking and supporting efforts to share electronic health information (EHI) to better patient care. Part of that is arming impacted health IT developers with as much information as possible to help them – and by extension, their customers – comply with current and future regulations to help protect themselves from potentially crippling penalties.

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Good Information Sharing Practices Released

By Leigh Burchell (Altera Digital Health), Vice Chair, EHRA Information Blocking Compliance Task Force

The EHR Association is committed to preventing information blocking and supporting efforts to share electronic health information to better patient care. As such, our Information Blocking Compliance Task Force collaborated over the past two years with stakeholders across the industry to address regulatory questions and further information exchange.

Our collaboration has produced “Good Information Sharing Practices,” a collection of best practices for health IT developers. The Practices are a practical list of proactive actions health IT developers can undertake to demonstrate their strong support for access, use, and exchange of health information and compliance with information blocking regulations. These include detailed recommendations on:

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