As patient health information travels to and from an increasing number of electronic medical record systems, health information exchanges, and smartphone applications, there are increasing compliance requirements for health care providers, including health centers.  The most recent requirements are found in the Office of the National Coordinator for Health Information Technology (ONC)’s “21st Century Cures Act:  Interoperability, Information Blocking and the ONC Health IT Certification Program” Final Rule (ONC’s Cures Act Final Rule).  Applicable to health care providers as of April 5th, the ONC’s Cures Act Final Rule: 

• Requires health care providers to provide patients with access to their electronic health information (EHI) at no cost;  
• Prohibits “information blocking” which includes practices that are likely to interfere with the access, exchange or use of EHI; and
• Includes eight exceptions to information blocking – including exceptions for preventing harm to a patient or other person, protecting privacy and security, and infeasibility – under which a health care provider may prohibit access, exchange or use of EHI, if certain conditions are met.  

Patients (and other individuals and entities) can now report information blocking to the ONC, leading to investigations and potential penalties. 

This two-part webinar series includes two webinars and a discount on FTLF’s Confidentiality Toolkit which includes a new section on the ONC’s Cures Act Final Rule and updates to the related HIPAA Privacy Rule documents.  

In the first webinar, the presenters will provide an overview of the ONC’s Cures Act Final Rule, including:

• An introduction to information blocking, including examples from health centers and other health care providers
• Details of what electronic health information (EHI) must be made available
• Discussion of the eight exceptions to information blocking, including details of the policies, procedures and documentation required to fit within applicable exceptions 

In the second webinar, the presenters will address key implementation challenges, including:

• Whether and how to provide patient education about the privacy and security risks of third-party apps
• Details of how to respond to information blocking complaints, including investigations by the federal government
• Responses to frequently asked questions, such as:
  • Whether access to the patient portal is a request for access, exchange or use of EHI
  • What to do when various systems (electronic medical records, dental records systems, portals, etc.) prohibit or delay access to EHI
  • Strategies for complying with other privacy and security laws, including state laws protecting adolescent health records