The next Health Data, Technology, and Interoperability (“HTI) rule looks like it is coming in March. The Office of Management and Budget’s Office of Information and Regulation Affairs’ Unified Agenda, which is published at https://www.reginfo.gov/public/, has an indication on it that a fourth “HTI” rule will be published under the title “Health Data, Technology, and … Continue reading HTI-4 and What’s Next for HHS ASTP/ONC.
Information blocking is any practice that could interfere with the access, exchange, or use of electronic health information (“EHI”) if done by a covered actor, which includes healthcare providers. This blog has discussed how 2016’s 21st Century Cures Act implemented a prohibition against information blocking, and HHS’s plans for its implementation. However, to-date healthcare providers … Continue reading Information Blocking Penalties for Doctors and Hospitals
This blog has discussed the 21st Century Cures Act’s (“Cures”) prohibition against information blocking before through a legal perspective. This post will talk about what the prohibition means for one of the key stakeholder groups that it is meant to help: healthcare technology innovators. The good news is that healthcare data is getting cheaper and … Continue reading Information Blocking and Interoperability for Innovators
21st Century Cures prohibition against information blocking applies to certain actors: healthcare providers, health information networks and health information exchanges, and health IT developers. In this post we’ll take a look at what it means to be a health IT developer and become subjection to the prohibition. A health IT developer is any developer who … Continue reading 21st Century Cures Part 3: Who’s a Health IT Developer?
As noted in the first part of this series, 21st Century Cures prohibits any practice that could materially interfere with a patient’s (or their authorized representative’s) ability to access, exchange, or use their electronic health information without special effort – unless an exception applies. So just what is “electronic health information,” or “EHI”? This blog … Continue reading 21st Century Cures Part 2: Electronic Health Information
In my first article on 21st Century Cures rulemaking, of what is to be many posts and presentations, we are first going to talk about the need to take this rule seriously, and its inevitable enforcement. 21st Century Cures prohibits “information blocking,” which is any practice that could materially interfere with a patient’s (or their … Continue reading 21st Century Cures: Part 1
On January 15, 2020 the ONC published the 2020-2025 Federal Health IT Strategic Plan. This is the first post of a two-part series that will cover the plan from the perspective of (1) health IT developers, and (2) healthcare provider organizations. These strategic plans fit a couple of use cases for the federal government. They … Continue reading Federal Health IT Strategic Plan (2020-2025) Part 1: Health IT Developers, Information Blocking, & Interoperability
This post serves as a “set up” for this blog and all the subject matter we intend to cover. The blog is focused on “ehealth law.” That brings up the question of “what is ehealth law?” It’s not a scientific term; I use it to represent the statutory and regulatory framework that governs health information … Continue reading The Regulatory & Enforcement Framework for Health Information Technology
eHealth Law Blog 