Information Blocking Guidance to the Health IT Community

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:

• 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.