Next Wave of Federal “Information Blocking” Requirements Now in Effect

October 6, 2022

Federal information blocking requirements affecting both individual physicians and physician groups who use electronic health records (EHRs) have expanded. As of Oct. 6, 2022, physicians are now required to provide the full set of patients’ electronic health information (EHI) upon request, making them available without imposing restrictions, excessive delays or other deliberate interference.

When this federal rule first rolled out in April 2021, the requirement focused on a narrow subset of EHI and physicians were only responsible to provide a limited amount of health data, called the United States Core Data for Interoperability. This is the data that is typically included in a patient’s medical record, such as demographics, lab orders, medications, problem histories, etc.

While the full set of patients’ EHI is now required, the expanded rule specifically excludes psychotherapy notes.

Your EHR vendor also falls under the information blocking regulations. And by Dec. 31, 2022, all EHR vendors are required to provide their clients with newer technology to better access EHI.

As you prepare to implement the expanded regulations, here are recommendations for physicians:

  • Review your information blocking compliance policies and procedures.
  • Ensure that your practice has implemented a process to evaluate and comply with the information blocking requirements.
  • Contact your EHR vendor to find out how the company will meet the new requirements pertaining to the October 6 deadline.

For more information, access ISMS’ newly updated Issue Brief, New Federal Rules on “Information Blocking” and the Release of Electronic Health Information.

If you have questions, please contact the ISMS Health Policy Research and Advocacy team by email.

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