October 06, 2022

HHS Information Blocking Rule Expansion Includes Most ePHI

The scope of a regulation implementing the provision in the 21st Century Cures Act (2016) related to information blocking expanded Oct. 6. The rule, which has been in effect since April 2021, discourages barriers to legally permissible access, exchange and use of electronic health information (EHI).

Between April 2021 and Oct. 2022, EHI was limited to a minimal dataset identified by the U.S. Department of Health and Human Services (HHS) and included imaging narrative data such as radiology reports. Following the Oct. 6 removal of those limitations, the EHI definition now encompasses most electronic protected health information (ePHI) that is part of the designated record set per Health Insurance Portability and Accountability Act (HIPAA) definitions. This could include reports, non-deidentified medical images, certain device and algorithm-generated data, and other PHI maintained or transmitted electronically that is considered part of the HIPAA-defined designated record set.

For educational information for radiologists about the rules, including an updated FAQ and webinar, please visit the American College of Radiology® (ACR®) Information Blocking webpage. If you have any further questions, please contact Michael Peters, ACR Senior Government Affairs Director, Regulatory Policy.