CIPP/US Study Guide
Chapter 8: Medical Privacy

21st Century Cures Act and Information Blocking

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The Cures Act (2016) promotes EHI interoperability by prohibiting information blocking - activity likely to interfere with access, exchange, or use of EHI. The ONC enforces with fines up to $1 million. Privacy and security needs are recognized exceptions that can justify not sharing.

The 21st Century Cures Act promotes use and interoperability of electronic health information (EHI), notably by limiting Information blocking. The prohibition applies to health care providers, certified health IT developers, health information exchanges, and health information networks. The ONC can fine violations up to $1 million.

Privacy as a recognized exception

The information-blocking prohibition has exceptions: notably, the need to promote privacy and security of EHI can justify not sharing, along with infeasibility and maintaining system performance. Organizations should follow the rule's criteria.

Key terms - quick answers

What is “21st Century Cures Act”?
A 2016 law promoting medical research, mental health reform, and EHI interoperability, with privacy-specific provisions.
What is “Information blocking”?
Any activity likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information.
What is “ONC”?
The Office of the National Coordinator for Health Information Technology, which issued the Cures Act Final Rule and enforces information-blocking provisions.

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