Information blocking is a practice by a health provider or IT vendor, for example, willingly or knowingly interferes or “blocks” the access, exchange or use of electronic health information.
Although patients have always had the right to see their medical records under the Health Insurance Portability and Accountability Act (HIPAA), providers had 60 days to get to them, and could delay for another 30 days. A federal information blocking rule that went into effect April 5, 2021, allows anyone who provides health care to release electronic health records in various forms including consultation notes, discharge summary notes, medical history and physical information, imaging narratives, laboratory and pathology reports, and procedure and progress notes.
There are eight allowable exceptions, including cases where health information can be temporarily taken offline while computer systems are updated. Clinicians also can safeguard health information related to specific security risks. Psychotherapy notes as recorded by mental health professionals, and information compiled in anticipation of a civil, criminal or administrative action or proceeding, can be separated from the rest of an individual’s medical record.
For more information, see these AHCJ blog posts: Federal information blocking rule: What health care journalists need to know, and New federal mandate should allow freer flow of medical information. The Open Notes website also has good resources.