42 USC 300jj-52 - Information blocking

except as required by law or specified by the Secretary pursuant to rulemaking under paragraph (3), is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information; and

(B)

(i)

if conducted by a health information technology developer, exchange, or network, such developer, exchange, or network knows, or should know, that such practice is likely to interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information; or

(ii)

if conducted by a health care provider, such provider knows that such practice is unreasonable and is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information.

(2)

Practices described

The information blocking practices described in paragraph (1) may include—

(A)

practices that restrict authorized access, exchange, or use under applicable State or Federal law of such information for treatment and other permitted purposes under such applicable law, including transitions between certified health information technologies;

(B)

implementing health information technology in nonstandard ways that are likely to substantially increase the complexity or burden of accessing, exchanging, or using electronic health information; and

(C)

implementing health information technology in ways that are likely to—

(i)

restrict the access, exchange, or use of electronic health information with respect to exporting complete information sets or in transitioning between health information technology systems; or

(ii)

lead to fraud, waste, or abuse, or impede innovations and advancements in health information access, exchange, and use, including care delivery enabled by health information technology.

(3)

Rulemaking

(4)

No enforcement before exception identified

(5)

Consultation

(6)

Application

(7)

Clarification

(b)

Inspector General authority

(1)

In general

The inspector general of the Department of Health and Human Services (referred to in this section as the “Inspector General”) may investigate any claim that—

(A)

a health information technology developer of certified health information technology or other entity offering certified health information technology—

(i)

submitted a false attestation under section 300jj–11(c)(5)(D)(vii) of this title; or

(ii)

engaged in information blocking;

(B)

a health care provider engaged in information blocking; or

(C)

a health information exchange or network engaged in information blocking.

(2)

Penalties

(A)

Developers, networks, and exchanges

(B)

Providers

(C)

Procedure

(D)

Recovered penalty funds

The amounts recovered under this paragraph shall be allocated as follows:

(i)

Annual operating expenses

(ii)

Application to other programs

(E)

Authorization of appropriations

(3)

Resolution of claims

(A)

In general

(B)

Limitation on liability

(4)

Application of authorities under Inspector General Act of 1978

(c)

Identifying barriers to exchange of certified health information technology

(1)

Trusted exchange defined

(2)

Guidance

(3)

Referral

(d)

Additional provisions

(1)

Information sharing provisions

(2)

Protection from disclosure of information

Any information that is received by the National Coordinator in connection with a claim or suggestion of possible information blocking and that could reasonably be expected to facilitate identification of the source of the information—

(A)

shall not be disclosed by the National Coordinator except as may be necessary to carry out the purpose of this section;

(B)

shall be exempt from mandatory disclosure under section 552 of title 5, as provided by subsection (b)(3) of such section; and

(C)

may be used by the Inspector General or Federal Trade Commission for reporting purposes to the extent that such information could not reasonably be expected to facilitate identification of the source of such information.

(3)

Standardized process

(A)

In general

The National Coordinator shall implement a standardized process for the public to submit reports on claims of—

(i)

health information technology products or developers of such products (or other entities offering such products to health care providers) not being interoperable or resulting in information blocking;

(ii)

actions described in subsection (b)(1) that result in information blocking as described in subsection (a); and

(iii)

any other act described in subsection (a).

(B)

Collection of information

(4)

Nonduplication of penalty structures

(July 1, 1944, ch. 373, title XXX, § 3022, as added Pub. L. 114–255, div. A, title IV, § 4004, Dec. 13, 2016, 130 Stat. 1176; amended Pub. L. 116–321, § 2(a), Jan. 5, 2021, 134 Stat. 5073.)

cite as: 42 USC 300jj-52

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