Audit Flashcards
Providers and other actors should begin to prepare for and implement the new rule by doing the following (2):
Take advantage of the new rule. Providers should determine how the new Rule may benefit them by allowing them to obtain access to previously unavailable patient information.
They should identify the information they may need to provide care more effectively and compete more efficiently. Savvy providers may differentiate themselves by being able to collect and utilize the improved flow of information for the benefit of their patients.
- Identify and educate stakeholders.
The new Rule may affect many departments within a healthcare organization, including information technology, medical records, marketing, compliance, contracting, and more.
Providers should identify and educate those persons and departments that will be responsible for making and responding to requests.
- Review EHI practices.
Providers will need to review and update their policies and practices concerning requests for access by patients and third parties to avoid any information blocking issues.
Among other things, they should ensure that their policies and practices do not inappropriately delay or impose unreasonable restrictions or roadblocks to information sharing.
They should also establish processes for evaluating and responding to requests to access information and appropriate costs or limitations associated with such access.
They should identify system capabilities as well as limitations that may justify a denial of a request to share information.
- Review EHI system functionality.
Providers should review the functionality of their EHI platforms to ensure that that have not configured or disabled functionality in a way that would constitute information blocking.
If necessary, they may need to enable previously unused functionality.
- Review contracts for offending terms.
Providers should review their contracts relevant to EHI to ensure that they do not contain terms that would trigger the information blocking rule, including licensing agreements, software services, business associate agreements, and other EHI contracts.
Providers may need to educate and push back vendors who include terms that would prohibit information sharing.
- Respond appropriately to requests for information sharing.
When a request to access is made, providers should ensure that the request is directed to the right person—a person who understands the Rule and the EHI system’s functionality—to determine whether and in what manner the Rule would apply, then ensure that a timely and appropriate response is made.
- Watch for more guidance.
We anticipate additional guidance as well as the final enforcement rule. Providers should continue to monitor industry association bulletins and other sources for developments concerning the Rule.
