New Info Blocking Data Definitions Go Live Today

Today, October 6th, 2022, is the day that the information blocking rules from the Office of the National Coordinator for Health Information (ONC) take full effect.  After years of delays and a limitation on the scope of what is considered electronic health information (EHI), the rules borne of the 21st Century Cures Act are now relatively set in stone, with only periodic experience updates and advisory opinions should the authority be granted.

While this means we’ve reached a finish line of sorts, the change that’s occurring today is focused on that definition of EHI.  Up until today, the EHI covered by info blocking rules was limited to only pieces of data that are a part of the United States Core Data for Interoperability version 1 (USCDI v1); now, those restrictions are lifted.

Steve Posnack, the ONC’s Deputy National Coordinator for Health IT, wants to be sure that everyone responsible for info blocking is up to the task, so he penned a blog post last week outlining a series of reminders to make sure everyone is on the same page.  He stresses though, that organizations’ approach to info blocking shouldn’t necessarily be changing, just the scope of what’s included.

You can read the full set of eight recommendations in the post linked above, but the main set of ideas revolve around understanding:

• What data is covered

• Varying levels of responsibility

• Dispute Processes

It’s important to recognize that while today’s change does expand the data set that info blocking is applicable to, it doesn’t mean that *any* electronic data is covered.  Companies will be responsible for not blocking information that’s contained in the Designated Record Set as outlined by HIPAA.  ONC has provided a helpful graphic below, but also takes a deeper look at EHI here.  Remember that B2B interactions for a patient’s wellbeing will be covered as well.

The ONC is aware that different organizations are going to have not only different technology vendors, but different levels of sophistication as well.  This is taken into account when evaluating things like violations, but ignorance can’t be used as an excuse as the ONC will be considering violations of both commission and omission in the exchange of health information.

They’ve also put safeguards in place so those reporting violations won’t have to fear any repercussions.  Reporting is both confidential and not disclosed publicly.

Of course, it’s difficult to share data when it’s not easily accessible.  That’s why Extract offers a software that automates your data entry from every non-interfaced source you have.  If you’re interested in learning about our software, please let us know and we can have a quick call or demo.