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Information Blocking: New Requirements Taking Effect


When a patient struggles to gain timely access to their protected health information (PHI), a provider might get accused of information blocking activities. Although enforced under the HIPAA Privacy Rule, an individual's right to access their protected health information (PHI) is being addressed by another government agency. Healthcare organizations must operate with the information blocking provision in mind and implement any necessary procedures. The 21ST Century Cures Act Final Rule Information Blocking Provision became active on April 5, 2021.

Starting on October 6, 2022, the definition of electronic health information (EHI) in the Cures Act expands beyond the EHI data classes listed below to include electronic protected health information (ePHI) as defined by HIPAA. In the HIPAA Privacy Rule, PHI is considered any identifiable health information used, maintained, stored, or transmitted by a covered entity. The new definition of EHI includes medical records, billing records, payment and claims records, case management records, and other records used, in whole or in part, by a medical group to make decisions about individuals.

More resources on Information Blocking can be found here:

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