The American College of Radiology® (ACR®) submitted comments to the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health IT (ONC) regarding the agency’s proposed rule to update various regulatory requirements related to electronic health record (EHR) certification criteria and information blocking. The proposed rule was released Aug. 5.
EHR Certification Criteria Updates
ACR supports ONC’s proposal to require that certified EHR software be able to accommodate links to imaging data by Jan. 1, 2028.
Information Blocking Updates
The College also endorses a proposed new exception from information blocking rules related to honoring requests for a specified delay in access to data. This ability was previously clarified in Feb. 2022 guidance advocated by ACR, and the proposal would solidify the flexibility in regulation. ACR recommends clarification in the final rule that preferences can be routinely requested, for example during patient check-in.
ACR supports a proposed new information blocking exception when the provider believes sharing certain data could risk exposure to legal action for providers and patients related to reproductive health care services that were lawful under the circumstances in which they were provided.
The College opposes language that would promulgate in regulation a noncomprehensive list of “interference” examples. ACR noted this example list would not improve compliance clarity because information blocking by law explicitly requires a practice to be known as “unreasonable” in addition to being an interference. Some scenarios that may be viewed generally as “interferences” by HHS are unlikely to meet the other requisite criteria for information blocking by a provider.
For more information or if you have questions about these topics or the College’s comment submission, contact Michael Peters, ACR Senior Director, Government Affairs.