June 13, 2021

Volume XI, Number 164


June 11, 2021

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Preparing for the 21st Century Cures Act and Information Blocking: Open Notes, APIs and More [PODCAST]

There have been a number of recent developments surrounding the 21st Century Cures Act and information blocking rules that have the potential to greatly impact open notes sharing and regulations in healthcare.

With compliance dates recently pushed back to April 2021, this episode of the Of Digital Interest podcast features McDermott Health Law partners James Cannatti and Scott Weinstein, Chartis Group principal Chelsea Wyatt and associate principal Claudia Miller, and McDermott’s Chief Marketing Officer Leslie Tullio as they discuss healthcare data accessibility and other key issues healthcare providers should keep in mind to comply with new regulations, including:

  • Scenarios in which a request for open notes might occur and key exceptions to a required response

  • Guidance for providers regarding clinical notes accessibility for patients

  • Compliance options for handling active requests from various input portals

  • Who holds ultimate ownership for ensuring that open notes are shared when requested

  • Healthcare goals with the implementation of APIs

  • The types of data and notes to be shared under the USCDI standard

  • Anticipated HIPAA compliance challenges associated with patient requests for shared notes

  • Scenarios that will denote a need for physician training on improving their shared notes

© 2021 McDermott Will & EmeryNational Law Review, Volume X, Number 325



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...

Scott Weinstein, Attorney, Health Law, McDermott Will & Emery Law Firm

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...