Time is up, and the enforcement infrastructure is now live. OCR’s complaint portal is open to 42 CFR Part 2, and Part 2 breach reporting is no longer a future workflow. A live portal changes behavior: it lowers the friction
The Legal Health Information Exchange blog, published by Oscislawski LLC, focuses on legal issues at the intersection of healthcare and information technology. It covers topics such as healthcare regulatory compliance, privacy laws including HIPAA and 42 CFR Part 2, health information exchange (HIE), health information technology (HIT), and the legal implications of data sharing and interoperability initiatives like TEFCA. The blog also addresses business transactional matters relevant to healthcare entities, including corporate governance and contract negotiations. It provides updates on enforcement trends, breach reporting obligations, and evolving federal and state healthcare laws affecting providers, developers, and health information networks.
When HHS Secretary Robert F. Kennedy, Jr. announced on September 3, 2025, that the Department would launch an aggressive crackdown on information blocking, it signaled a turning point in federal health IT policy. For years, patients, innovators, and providers…
If you’ve ever wasted precious time chasing down what feels like endless versions of 42 CFR Part 2, I feel your pain. To save myself (and you) from that frustration, I pulled together every single Notice of Proposed Rulemaking (NPRM)…
Starting February 16, 2026, Part 2 programs and providers will be required to report unauthorized disclosures of Part 2 information – specifically, any “acquisition, access, use, or disclosure” that violates 42 CFR Part 2. This is a major change that…
On August 6, 2025, the Assistant Secretary for Technology Policy (ASTP) at ONC publicly announced its release of the TEFCA Organizational Map, a beta search tool that allows users to look up which organizations are participating in the Trusted…
A new lawsuit filed yesterday in the U.S. District Court for the District of Maryland has the potential to reshape the contours of health information exchange in the United States. Audacious Inquiry, LLC, a Baltimore-based health IT innovator now owned…
Who feels like they’ve been on a regulatory roller coaster lately?On June 18, 2025, in Purl v. U.S. Department of Health & Human Services, Judge Kacsmaryk of the U.S. District Court for the Northern District of Texas vacated key provisions of HHS’s HIPAA…
On May 16, 2025, HHS published a Request for Information (RFI), 90 Fed Reg 21034, inviting public comment on the future of the TEFCA exception within the federal information blocking rules. Issued jointly by the CMS and the Assistant…