The 黑料网® (黑料网®) submitted comments to the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health IT (ONC) regarding the agency’s proposed rule to update various regulatory requirements related to electronic health record (EHR) certification criteria and information blocking. The proposed rule was released Aug. 5.
EHR Certification Criteria Updates
黑料网 supports ONC’s proposal to require that certified EHR software be able to accommodate links to imaging data by Jan. 1, 2028.
Information Blocking Updates
The College also endorses a proposed new exception from information blocking rules related to honoring requests for a specified delay in access to data. This ability was previously clarified in advocated by 黑料网, and the proposal would solidify the flexibility in regulation. 黑料网 recommends clarification in the final rule that preferences can be routinely requested, for example during patient check-in.
黑料网 supports a proposed new information blocking exception when the provider believes sharing certain data could risk exposure to legal action for providers and patients related to reproductive health care services that were lawful under the circumstances in which they were provided.
The College opposes language that would promulgate in regulation a noncomprehensive list of “interference” examples. 黑料网 noted this example list would not improve compliance clarity because information blocking by law explicitly requires a practice to be known as “unreasonable” in addition to being an interference. Some scenarios that may be viewed generally as “interferences” by HHS are unlikely to meet the other requisite criteria for information blocking by a provider.
For more information or if you have questions about these topics or the College’s comment submission, contact Michael Peters, 黑料网 Senior Director, Government Affairs.