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Provided by the Information Sharing Workgroup
This Information Sharing Toolkit is an informational and educational toolkit intended to support the health care community’s commitment to compliance with the Information Blocking Rule (IBR), 42 USC 300jj-52 and 45 CFR Part 171. IBR prohibits certain actors—health care providers, health information networks/exchanges (HIN/HIEs) and health information technology (IT) developers of certified IT (and certain offerors)—from engaging in practices (e.g., actions or omissions) that are likely to interfere with the access, exchange or use of electronic health information (EHI), unless the practice is required by law or subject to a regulatory exception. IBR is an intent based statute. Whether an actor has violated IBR depends on the type of actor and whether the actor acted with the requisite level of intent. Accordingly, it is a best practice for actors to include IBR compliance as part of their overall health care compliance plan.
This Toolkit is not legal advice. Please consult with your legal counsel on whether IBR applies to you or your organization and what compliance might mean for you or your organization. Please also note that this Information Sharing Toolkit has not been updated with proposed changes to the IBR found in the Proposed Rule for the Health Data, Technology, and Interoperability: Patient Engagement, Information Sharing, and Public Health Interoperability (HTI-2).
This Information Sharing Toolkit consists of the following informational material about compliance with the Information Blocking Rule (IBR)
(for HIPAA-regulated entities)
Special thanks to our Information Sharing Workgroup members who volunteered their expertise. We particularly acknowledge the input of the task group members led by co-chairs Mel Soliz (Velatura HIE Corporation) and Matt Becker (Kno2)
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