ONC’s Information Blocking Rule: Overview, Exceptions, and Enforcement

Interface is a monthly webinar series hosted by Faegre Drinker’s privacy, cybersecurity and data strategy (PCDS) team. Each session will open with a 360-degree overview of PCDS and IT news developments from around the world, followed by a deep dive on a significant legal issue impacting clients. Speakers include a who’s who of the industry, from Faegre Drinker attorneys to technology, operations and regulatory experts.

While the entire Heath Care Industry has been focused on meeting the challenges of the Covid 19 pandemic, the Office National Coordinator for Health Information Technology has issued the final Information Blocking Rule, which is widely seen as a “game changer” for the sharing of electronic health information (EHI) that will significantly impact health care providers, health information networks (HINs) and anyone who develops or simply offers Certified Health IT. Because of the way the rule is structured, organizations could find themselves subject to the new regulations in unexpected ways (e.g., a provider could be subject to the rules and penalties that apply to an HIN or even a Health IT Developer). The cost of noncompliance is high, including up to $1 million in civil monetary penalties for each violation and yet-to-be-determined “appropriate disincentives.” All organizations that touch EHI need to be aware of the new obligations created by these regulations so that they can assess the practical business implications and take the appropriate steps to address compliance.

For more information on the complete series, please visit the Interface series website.

Questions? Please contact Mesha Hegna Goodwill at +1 612 766 7145.