ACR Encourages Flexibility in HHS Information Blocking Rules

ACR^®  filed comments to HHS in response to a proposed rule to update regulations regarding health IT certification criteria and information blocking. The proposals would reduce certification-related burdens for EHR developers, including elimination of AI model card (similar to nutrition labels on food products) transparency requirements, and would provide clarifications and tightening of information blocking rules.

In its comments, ACR recommended that the Assistant Secretary for Technology Policy (ASTP) continue to promote algorithm transparency for clinical AI through regulatory requirements, and coordinate transparency efforts with the FDA to ensure consistency across HHS.

Related to information blocking, ACR urged ASTP to codify the previously-proposed requestor preference exception, which would allow a provider to tailor a patient’s access to their electronic health information (such as images) based on the patient’s preference. This exception would ensure providers can ethically share test results based on the patient’s timeframe without engaging in information blocking.

To learn more about information blocking regulations, visit the ACR^® resource page.

For questions about the HHS proposed rule, contact Lindsay Robbins, ACR Regulatory Policy Specialist.