News / Article

Rochester RHIO & Ciitizen Tackle Infoblocking Rule at National Conference

Deven McGraw and Amy Warner

Spanning 320 pages of single-spaced, three-column type in the Federal Register, one of the most significant developments for HIEs in recent years goes by many names: the ONC Cures Act Final Rule, the Infoblocking Rule and even the InfoSharing Rule. While the rule will take effect November 2, enforcement will not begin until sometime after that, as federal regulators are still finalizing processes.
In an effort to help HIEs across the country better understand the Rule’s implications, two data privacy leaders teamed up to unravel the regulations. Deven McGraw, chief regulatory officer, Ciitizen, and Amy Warner, general counsel, privacy and compliance officer, Rochester RHIO, and were featured as part of the 2020 SHIEC Annual Conference. Their virtual session: Enforcement of the Information Blocking Rules is Coming (Soon!). Is Your HIE Ready?
McGraw, who is the former deputy director, Health Information Policy, for the U.S. Department of Health & Human Services, notes that after years of comment on the components of the Rule, there is still a lack of clarity regarding implementation. “There’s still a lot of confusion about how to comply and how not to. Nobody wants to violate the law. I don’t think people fully understand the extent that their existing practices may or may not lead to violations.”
“HIEs are considered one of the primary ‘actors’ for purposes of the Rule and will be under considerable scrutiny as enforcement begins—and subject to penalties,” said Warner. “Our SHIEC Annual Conference session will quickly familiarize our HIE peers about the Cures Act, how to navigate more concrete definitions of information blocking and several exceptions, and the repercussions for non-conformance.” 
Six hundred people representing 180 organizations from across the country were in attendance this national event that ran from mid-August through mid-September.