Cures Act: What You Need to Know About Patient Requests for Data

Patients Should Use Caution Before Sending Their Health Data to a Third Party App

Update October 29, 2020: ONC Issues an Interim Final Rule.
Image Source: healthit.gov

Spanning 320 pages of single-spaced, three-column type in the Federal Register, one of the most significant national developments for health data in recent years goes by many names: the ONC Cures Act Final Rule, the Infoblocking Rule and even the InfoSharing Rule.

Beginning November 2, Rochester RHIO is required to comply. In a nutshell, if a patient requests their medical records via Rochester RHIO, then RHIO is expected to fulfill a patient's request for his or her data in compliance with the Rule unless an authorized exception applies. Previously, if a patient requested data, Rochester RHIO would direct patients to their patient portal. For data corrections, Rochester RHIO will still direct patients to their provider's office. Rochester RHIO is unable to alter source documentation.

Rochester RHIO believes that all health data is patient data. There are important considerations that patients should be aware of before authorizing a third-party app to receive their health data.

What is information blocking?

"In general, information blocking is a practice by a health IT developer of certified health IT, health information network, health information exchange, or health care provider that, except as required by law or specified by the Secretary of Health and Human Services (HHS) as a reasonable and necessary activity, is likely to interfere with access, exchange, or use of electronic health information (EHI)."
Source: https://www.healthit.gov/topic/information-blocking

Additional Resources:

Cures Act: https://www.govinfo.gov/content/pkg/PLAW-114publ255/pdf/PLAW-114publ255.pdf
Cures Act: https://www.federalregister.gov/documents/2020/05/01/2020-07419/21st-century-cures-act-interoperability-information-blocking-and-the-onc-health-it-certification
Note: The Information Blocking Rule (Section 4004 of the Cures Act) implements portions of the 21st Century Cures Act
Information Blocking Rule: https://www.healthit.gov/curesrule/

Resources will be made available at rochesterrhio.org and providerportal.grrhio.org.