Healthy Byte January 18, 2024

Healthy Byte: HIPAA vs. Information Blocking – How Can Providers Thread the Needle?

While HIPAA generally restricts the flow of information, information blocking rules promote the free flow of electronic health information (EHI). Where is HHS setting the middle ground?

Sean Sullivan and Elinor Hiller discuss the tension between the HIPAA right of access and information blocking rules, plus the provider disincentives rule, the potential of dual penalties, and how providers can navigate it all.

We have been covering information blocking since the beginning.

  • Click here to read our November 2023 Healthy Byte on HHS’s proposed rule to disincentivize information blocking.
  • Click here for our July 2023 advisory on penalties for developers of certified health IT and health information networks and exchanges.
  • Click here to read our May 2020 advisory on the initial information blocking rules.
  • Visit our website on Electronic Health Records, Interoperability & Health IT to learn more.


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