Understanding the Exceptions to Information Blocking
Information blocking is defined in Section 4004 of the 21st Century Cures Act as a practice that is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information (EHI). If a health IT developer, exchange, or network engage in the practice, it is only information blocking if they know or should know that the practice is likely to interfere with, prevent, or materially discourage the access, exchange, or use of EHI. If a healthcare provider engages in the practice, it is only information blocking if the provider knows that such practice is unreasonable and is likely to interfere with, prevent, or materially discourage access, exchange, or use of EHI.
To further refine this definition, the Cures Act provides that the Secretary of HHS shall define through rulemaking, reasonable and necessary activities that do not represent information blocking. The Secretary provided this definition in the ONC Final Rule, setting out two categories of exceptions.