Information Blocking Regulatory Compliance

Since April 5, 2021, all practices must comply with the information-blocking regulations that are part of the federal 21st Century Cures Act, which is designed to facilitate widespread access and sharing of health information among patients and physicians.

The rules require that physicians give patients prompt access to significant portions of the patient’s electronic health information (EHI) upon request, unless specific exceptions apply.

The U.S. Department of Health and Human Services Office of the National Coordinator (ONC) specifically states that this includes eight types of clinical notes: discharge summaries, history and physicals, progress notes, consult notes, imaging reports, laboratory reports, pathology reports, and procedure notes.

TMA has created and curated several resources to help you comply with the information blocking regulations:

•  21st Century Cures Act Resource Center: TMA’s dedicated webpage includes information, news, and resources to help you navigate the act’s requirements. Check back regularly as new information is added.
• TMA White Paper on the 21^st Century Cures Act. This white paper includes Texas-specific information to help you with compliance.
• United States Core Data for Interoperability (USCDI): These are the data elements that are required to be released to patients upon request.
• Office of the National Coordinator’s Information Blocking FAQs

Your electronic health record (EHR) vendor should have updated your EHR to help you comply with the technical aspects of responding to requests for EHI.

Physician who do not comply with the information blocking regulations may be subject to certain disincentives.

If you have questions about information blocking, contact the TMA Knowledge Center by calling (800) 880-7955 or emailing knowledge@texmed.org.