What Is Information Blocking and to Whom Does It Apply?

Information blocking is a practice by an "actor" that is likely to interfere with the access, exchange, or use of electronic health information (EHI), except as required by law or specified in an information blocking exception. The Cures Act applied the law to healthcare providers, health IT developers of certified health IT, and health information exchanges (HIEs)/health information networks (HINs).

It is also important to note that the Cures Act established two different "knowledge" standards for actors' practices within the statute's definition of "information blocking." In particular, for health IT developers of certified health IT, as well as HIEs/HINs, the law applies the standard of whether they know, or should know, that a practice is likely to interfere with the access, exchange, or use of EHI. For healthcare providers, the law applies the standard of whether they know that the practice is unreasonable and is likely to interfere with the access, exchange, or use of EHI.

How Do I Submit an Information Blocking Claim and What Happens to a Claim Once It Is Submitted?

Information blocking claims can be submitted online through ONC’s Report Information Blocking Portal.

As specified by the Cures Act, information blocking claims and information received by ONC in connection with a claim or suggestion of possible information blocking are generally protected from disclosure under the Freedom of Information Act.

ONC has authority to review claims of possible information blocking against health IT developers of certified health IT that may constitute a non-conformity under the ONC Health IT Certification Program. Separately, the HHS OIG has authority to investigate claims of possible information blocking across all types of actors: health care providers, health information networks and health information exchanges, and health IT developers of certified health IT.