A practice shall not be treated as information blocking if the actor satisfies an exception to the information blocking provision as set forth in this subpart D by meeting all applicable requirements and conditions of the exception at all relevant times.

An actor's practice of limiting the manner in which it fulfills a request for access, exchange, or use of electronic health information to only via TEFCA will not be considered information blocking when the practice follows the conditions specified in paragraphs (a) through (d) of this section.

(a) Mutually part of TEFCA. The actor and requestor are both part of TEFCA.

(b) Requestor capability. The requestor is capable of such access, exchange, or use of the requested electronic health information from the actor via TEFCA.

(c) Limitation. The request for access, exchange, or use of EHI is not via the standards adopted in 45 CFR 170.215, including version(s) of those standards approved pursuant to 45 CFR 170.405(b)(8).

(d) Fees and licensing. (1) Any fees charged by the actor in relation to fulfilling the request are required to satisfy the exception in § 171.302; and

(2) Any license of interoperability elements granted by the actor in relation to fulfilling the request is required to satisfy the exception in § 171.303.