Are You Ready For Information Blocking New Regulations?

A designated record set (DRS) is defined as “a group of records maintained by or for a covered entity that may include patient medical and billing records; the enrollment, payment, claims, adjudication, and cases or medical management record systems maintained by or for a health plan; or information used in whole or in part to make care-related decisions. Under the Health Insurance Portability and Accountability Act (HIPAA), the designated record set is used to clarify the rights of individuals to access, amend, restrict, and acquire an accounting of disclosures.”

 

(source: https://library.ahima.org/doc?oid=104008#.YzFsdbTP3ic)

 

The Information Blocking Rule’s definition of “electronic health information” (EHR) initially was limited to the data elements represented in the United States Core Data for Interoperability (USCDI) standard.

 

On October 6, 2022, the 21st Century Cures Act Information Blocking Rule expands to prohibit providers from blocking or interfering with patient access to any electronic information in a DRS. This is a substantial expansion of what information providers must make available to patients without unnecessary delay.

 

As the October deadline is looming, the big question is if providers are going to be ready. Many organizations are still confused or simply underinformed about information blocking requirements and need more clarity and information on how best to implement federal information blocking regulations set to go into effect October 6.

 

The new regulations have led health care providers to question exactly what information falls within the designated record set and what their obligation is to “proactively” make this information available to patients in real-time.

 

The Sequoia Project, a non-profit advocate for nationwide health information exchange, released several resources to help organizations comply with the information blocking requirements of the 21st Century Cures Act.

 

(source: https://www.globenewswire.com/news-release/2022/09/20/2519299/0/en/The-Sequoia-Project-s-Information-Blocking-Compliance-Workgroup-Releases-Final-Versions-of-Five-Industry-Focused-Resources.html)

 

Now it’s high time for providers to create a policy on what information is within their DRS and to document the basis for any circumstances in which this information is not immediately available to patients through the providers’ patient portals.

 

Health care providers that already have a policy or other documentation regarding their DRS should use the remaining time to review, re-evaluate, and update their policy and ensure that it captures all appropriate information.

 

(source: https://www.jdsupra.com/legalnews/information-blocking-rule-expands-to-9277182/)

 

There is work ahead for all of us, but we are ready for the challenge.

 

If your organization is panicking over the new regulations, Primeau Consulting Group can help navigate information blocking rules and avoid costly penalties.

 

Learn more at https://primeauconsultinggroup.com/cures-act-information-blocking-assessment-and-consulting-services/

 

 

Resources:

 

https://www.globenewswire.com/news-release/2022/09/20/2519299/0/en/The-Sequoia-Project-s-Information-Blocking-Compliance-Workgroup-Releases-Final-Versions-of-Five-Industry-Focused-Resources.html)

 

https://www.jdsupra.com/legalnews/information-blocking-rule-expands-to-9277182/

 

 

https://library.ahima.org/doc?oid=104008#.YzFsdbTP3ic

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