May 16, 2021

Volume XI, Number 136

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May 13, 2021

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Information Blocking Compliance Countdown - Are You Prepared for April 5?

The April 5 compliance date for the Cures Act information blocking final rule (ONC final rule) issued by the Office of the National Coordinator for Health Information Technology is right around the corner for covered actors, which include health care providerscertified health IT developers and health information networks and health information exchanges.

Covered actors should advantage of these final weeks to ensure they are in compliance, with the below steps as a starting point.

  • Providers should assess whether their patient portals are configured to provide lab test results and other electronic health information (EHI) to patients without unnecessary delay

  • Providers should update release of information policies to ensure that their procedures comply with the ONC final rule (as well as the HIPAA Privacy Rule and applicable federal and state laws)

  • Certified Health IT developers should assess whether their contracts and other arrangements with other IT developers and health care providers that involve EHI comply with the Content and Manner, Fees or Licensing Exception (or another exception) to the information blocking prohibition and, if necessary, amend the arrangements to meet an exception

  • Certified Health IT vendors should identify steps required to update software to address new ONC final rule requirements for real world testing plans, application programming interfaces (APIs) with new HL& FHIR capabilities, EHI export and other capabilities that come on line in 2021 and 2022

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© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 74
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TRENDING LEGAL ANALYSIS

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About this Author

James A. Cannatti III* practices at the intersection of today's most pertinent health care issues, including digital health, health IT policy, and fraud and abuse, including Anti-Kickback Statute/Stark Law matters. With more than 10 years of experience in the US Department of Health & Human Services’ (HHS) Office of Inspector General (OIG), most recently as Senior Counselor for Health Information Technology, James is well-attuned to the regulatory issues impacting the rapidly evolving digital health landscape, including:

  • Information...

202-756-8866
Daniel F. Gottlieb, Health Care Industry Attorney, McDermott Will Emery Law firm
Partner

Daniel Gottlieb is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office.  Daniel represents a wide range of health care industry clients, including health care providers, health information technology vendors, pharmaceutical companies, medical device companies, and health plans.  He has extensive experience in advising clients on compliance with federal and state health care laws as well as representing health care industry clients in mergers, acquisitions, joint ventures, and...

312 984 6471
Li Wang, McDermott Law Firm, Los Angeles, Healh Care Law Attorney
Associate

Li Wang focuses her practice on health care regulatory and compliance matters, including Stark Law and Anti-Kickback Law; eligibility for Medicaid supplemental payments; federal, state, and local taxation of nonprofit health care entities; value-based reimbursements and audit methodology of Medicaid reimbursements. She also works on transactional matters, including mergers and acquisitions and private equity transactions in the health care industry. She also has experience counseling clients on tax compliance and reporting for real estate investment...

310-551-9347
Scott Weinstein, Attorney, Health Law, McDermott Will & Emery Law Firm
Associate

Scott Weinstein is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office.  He focuses his practice on general health matters.

Prior to joining McDermott, Scott served as a Presidential Management Fellow in both the United States Department of Health and Human Services, Office of the National Coordinator for Health Information Technology and the Executive Office of the President, Office of National Drug Control Policy.  In these roles, he focused on issues related to health information privacy and security, electronic...

202-756-8671
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