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Update: Information Blocking Rule Deadline Delayed, But Telehealth Still in Play

By Julian Rivera, Wakaba Tessier & Theresa Langley on November 4, 2020
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HIPAA Regulations

On October 29, 2020, HHS extended the effective date of compliance for the “Information Blocking” final rule promulgated as part of the 21st Century Cures Act (Information Blocking Rule). The Information Blocking Rule, which was set to take effect on November 2, 2020, prohibits health care providers, IT developers, and health information exchanges from unreasonably interfering with the access, exchange, or use of electronic health information (EHI). We previously discussed the practice of information blocking and the eight exceptions in our blog post Information Blocking: Ready or Not, Here it Comes!.

With the publication of the Interim Final Rule, HHS extended the compliance deadline to April 5, 2021 after the Office of the National Coordinator for Health Information Technology (ONC) took into account the difficulties providers are currently facing due to the coronavirus pandemic. Additionally, the deadline for meeting health IT certification requirements and for adopting new standardized application programming interface (API) functionality was also extended until Dec. 31, 2022, among other delays.

Interoperability Benefits Telehealth

Once implemented, the Information Blocking Rule will impact the expansion of telehealth services nation-wide. Utilization of telehealth has skyrocketed due to social distancing requirements during the coronavirus pandemic and will continue beyond the end of the public health emergency as federal and commercial payors allow for greater reimbursement. Currently, providers offering telehealth services struggle with accessing patient information and coordinating follow up as the platforms through which they interact with patients are not compatible with other providers’ EHI systems.

The Information Blocking Rule requires that providers adopt standardized API functionality, enabling EHI systems to connect with third-party software and patients to easily access their EHI through third-party apps of their choice.  This interoperability opens the door for patients and providers to effectively communicate and share EHI through platforms that are easily accessed by patients on their smartphones.

For questions related to Information Blocking Rule, please contact:

  • Wakaba Tessier
  • Kelsey Anderson
  • Tracey Toll

For questions related to Telehealth, please contact:

  • Julian Rivera
  • Theresa Langley
Photo of Julian Rivera Julian Rivera

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare…

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare provider opportunities and navigating Food and Drug Administration (FDA) regulation. He also has extensive experience representing clients on matters involving healthcare technology, including emerging technologies with big data, artificial intelligence, telemedicine and telehealth.

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Photo of Wakaba Tessier Wakaba Tessier

Wakaba’s work requires mastery not just of the law but also the rapidly changing healthcare marketplace and its many regulations. She focuses on the unique issues faced by specialty pharmacies, such as licensing and other compliance challenges.

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Photo of Theresa Langley Theresa Langley

Theresa has experience representing hospital systems, physician groups and medical schools, and she advises clients on a variety of state and federal regulations, including the confidentiality of health information, fraud and abuse laws, Medicare and Medicaid reimbursement, and EMTALA.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Law Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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