Information Blocking Guidance to the Health IT Community
Gain Actionable Implementation Guidance and Feedback
In May 2019, a Phase 1 deliverable was released with formal comments on the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health Information Technology’s (ONC) Proposed Rule on implementation of provisions of the 21st Century Cures legislation. A Phase 2 deliverable, focused on the implementation and implications of the ONC’s Proposed Rule and potential outcomes, is now available. The full report includes a complete summary of discussions and observations from Workgroup members.
In advance of the publication of U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health Information Technology (ONC) final information blocking rules, The Sequoia Project has released “Guidance to the Community and Implementation Feedback to HHS.” The guidance was developed by a cross-industry Information Blocking Workgroup formed to provide input into The Sequoia Project’s comments to the ONC on the proposed rules, identify practical implications of proposed and final information blocking rules, and facilitate discussions to clarify information blocking policies before and after the Final Rule.
“Given the broad and significant impact the rules would have to the health information sharing community, we formed the Information Blocking Workgroup. Working collaboratively to interpret and apply the rules will be important to fostering cooperation as the community prepares for ONC and OIG [Office of Inspector General] enforcement,” said Mariann Yeager, CEO of The Sequoia Project.
The Work Group addressed implementation-related aspects of priority components of the information blocking regulation, including:
- Regulatory Definitions (e.g., Health Information Exchange and Health Information Network);
- Information Blocking Practices;
- Recovering Costs/Licensing Exceptions; and
- Compliance Plans and Implementation Plans.
The Workgroup consists of engaged experts, regardless of The Sequoia Project membership. Co-Chairs David Camitta, of SpiritHealth, and Paul Uhrig, of Surescripts, led the workgroup with the support of co-facilitators Mark Segal, of Digital Health Policy Advisors, and Steve Gravely, of Gravely Group. Representatives from diverse sectors of health information technology were included in the workgroup, including:
- Associations and organizations in the health IT community;
- Consumer organizations;
- Federal government agencies;
- Health information networks and service providers;
- Healthcare providers and physicians;
- Legal, technology, standards, and policy subject matter experts;
- Payer organizations;
- Public health organizations;
- Health IT vendors;
- Informatics organizations;
- Safety net providers and service providers; and
- Release of information companies.
A previous Phase 1 deliverable of the workgroup was provided to the ONC in May 2019 as formal comments on ONC’s Proposed Rule implementing provisions of the 21st Century Cures legislation, including information blocking. Today’s guidance is considered a Phase 2 deliverable, focused on implementation and implications of the ONC’s proposed rules and potential outcomes. During Phase 3, which began in January 2020, the Work Group will review the Final Rule and identify and address priority implementation topics and approaches.
“This report aims to be a guide for the community. Implementation guidance is essential to reduce uncertainty and prepare for compliance.”
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Associations and Orgs – Health IT Community Consumers Consultant Federal Government Health Information Networks and Service Providers Health Providers/Physicians
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Legal, Technology, Standards, and Policy Subject Matter Experts Payers Vendors Public Health Informatics Safety Net Providers/Service Provider Release of Information Company |
March 14, 2019
Information Blocking Workgroup Meeting
Agenda: Interoperability Matters Overview, Information Blocking Proposed Rule: Overview and Workgroup Scope
March 19, 2019
Information Blocking & You – Public Advisory Forum
Slides | Recording
March 25, 2019 – 12:30 p.m. ET
Information Blocking Workgroup Meeting
Agenda: Actors & Others Definitions (Providers, CEHRT Developers, HIEs, HINs), Information Blocking Practice, Exceptions 1-3 (Harm, Privacy, Security)
March 29, 2019 – 12:00 p.m. ET
Interoperability Matters Leadership Council
April 3, 2019 – 1:00 p.m.
Information Blocking Workgroup Meeting
Agenda: Exceptions 4-7 (Recovering costs reasonably incurred, Declining to provide access, exchange, or use of EHI if request is infeasible, Licensing technologies or other interoperable elements, Making health IT unavailable to perform maintenance or improvements), Conditions & Maintenance of Certification: Information Blocking, RFIs: disincentives for providers and price transparency, Complaints & Enforcement
April 5, 2019
Public Advisory Forum
Slides | Recording
April 15, 2019
Joint Information Blocking Workgroup Meeting &
Public Advisory Forum Call #3 to Review Draft Report
Slides | Recording
April 22, 2019 – 12:00 p.m. ET
Interoperability Matters Leadership Council
May 23, 2019 – 1:00 p.m. ET
Public Advisory Forum – Cancelled
May 31, 2019 – 1:00 p.m. ET
Interoperability Matters Leadership Council
June 20, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Agenda: Phase I Update: Review CMS & ONC Comments & Phase II: Proposed Workplan
July 30, 2019 – 2:00-3:00 p.m. ET
Interoperability Leadership Council
August 2, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Agenda: HIE/HIN Definitions
August 21, 2019 – 5:15 p.m. ET (Washington, DC)
Joint Leadership Council #6 & Information Blocking Workgroup Meeting and Networking Reception
Agenda: Information Blocking Workgroup; Update Interoperability Matters Prioritization; and Member Resources
September 6, 2019 – 1:00 p.m. ET
Interoperability Matters Public Advisory Forum
Slides
September 13, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Information Blocking Practices
October 11, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Agenda: Recovering Costs/RAND Licensing
October 18, 2019 – 12:00 p.m. ET
Leadership Council
Agenda: RCE, Proposed Workgroups
November 1, 2019 – 1:00 p.m. ET
Public Advisory Forum
Agenda: Information Blocking, TEFCA
Slides
November 8, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Agenda: Compliance Plans
December 13, 2019 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
December 16, 2019 – 2:00 p.m. ET
Public Advisory Forum
Agenda: Information Blocking, TEFCA
Slides
January 10, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
Agenda: Phase II Deliverable Status, Implementation planning – Phase III Initial Work
February 14, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting – Cancelled
March 20, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
April 10, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
May 8, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
June 12, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
July 10, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
August 14, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
September 11, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
October 9, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
November 13, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting
December 11, 2020 – 12:00 p.m. ET
Information Blocking Workgroup Meeting