• Under the IBR, an HIN/HIN Actor is one that “determines,” “controls,” or has the “discretion to administer” access, exchange or use of EHI between two or more unaffiliated entities.
• A separate entity is not necessary to trigger the IBR HIN/HIE

…

• Portals present challenges that many Actors continue to focus on.
• Until October 6, 2022, Actors are only required to respond to requests for EHI with USCDI, but this is only for purpose of IBR.
• Other factors, such as how an

…

• The 21st Century Cures Act already establishes the penalties that will apply to Actors that engage in prohibited Information Blocking
• ONC will exercise enforcement discretion and not assess penalties until CMP rules are final, however compliance by April 5, 2021 is still

…

• On and after April 5, 2021, any Actor’s agreements, arrangements, or contracts are subject to and may implicate the Information Blocking Rule.
• The Communications Condition of Certification (CCOC) requirements must be revised to remove or void the contractual provision that contravenes the CCOC

…

• The Privacy Exception allows an Actor deny a request for EHI if a precondition under applicable law has not been met.
• A patient must, at a minimum, be afforded the opportunity to object to any disclosure of EHI to a

…

• Your vendor is not “taking care of it.” Compliance with the Information Blocking rule is about more than just the technology.
• Assemble a “task team” to tackle operational decisions that need to be made to comply with Information Blocking.
• Use a

…