Information Blocking. Notwithstanding Section 3.1, neither Party shall unfairly or unreasonably limit access, exchange or interoperability with the other Party or engage in any health information blocking in violation of the 21st Century Cures Act or its implementing regulations. This includes the use of burdensome testing requirements that are applied in a discriminatory manner or other means that limit the ability of either Party to send or receive Message Content to the other Party, Participant Members, Participant Member Users, Individuals, or groups of them, whether it is a competitor, whether it is affiliated with or has a contractual relationship with any other entity, or whether it has or fails to have any other characteristic; provided, however, that limitations, load balancing of network traffic or other activities, protocols or rules shall not be deemed discriminatory to the extent that they either: (a) benefit patients by prioritizing Treatment over other activities; (b) are based on a reasonable and good faith belief that the other entity or group has not satisfied or will not be able to satisfy the mandatory minimum obligations stated in this Agreement (including compliance with Applicable Law) in any material respect; or (c) or are otherwise required by Applicable Law, necessary to enable compliance with Applicable Law, or specified by the Secretary of Health and Human Services.
Information Blocking. (a) Participants shall comply with any information-blocking provisions set forth in the Policies and Procedures.
Information Blocking. (a) Participants shall not engage in any practice that constitutes information blocking defined under 42 U.S. Code § 300jj–52, its implementing regulations and as set forth in the Policies and Procedures, if any.2
Information Blocking. Any restriction, requirement, term or condition in this BAA and/or the Underlying Agreement which would result in impermissible “Information Blocking” by Covered Entity or Business Associate shall be revised, deleted and implemented in a manner intended to comply with the Information Blocking Rule. To implement the foregoing, the Parties specifically hereby agree:
7.10.1 to evaluate their respective internal policies, procedures and activities to ensure that each does not engage in any practice which could result in impermissible interference with access, use or exchange of Electronic Health Information (“EHI”);
7.10.2 to comply with all federal and state laws which require any condition to be satisfied (e.g., consent) before EHI may be accessed, exchanged or used, including not allowing requested EHI to be accessed, used or disclosed if expressly prohibited by federal and/or state law;
7.10.3 to train, as necessary and appropriate, each Workforce member who handles, determines, controls, or has the discretion to administer how EHI is accessed, exchanged, on the Information Blocking Rule; and
7.10.4 to take any and all other reasonable steps as necessary to ensure the BAA and Underlying Agreement and each Party’s practices comply with the Information Blocking Rule. (Signatures begin on the next page)
Information Blocking. Business Associate will not engage in any practice that, if done by Xxxxxx or Business Associate, would constitute information blocking as defined in the Information Blocking regulations at 45 CFR Part 171 (as may be amended from time to time).
Information Blocking. It is only information blocking if the provider/HIT developer knows or should know that such practice is unreasonable and is likely to interfere with, prevent, or materially discourage access, exchange, or use of EHI. <.. image(Graphical user interface, text, application, email Description automatically generated) removed ..> • Restrictive policy – Requiring a physical (“wet”) signature for patient consent before sharing any EHI with unaffiliated providers for treatment purposes • Limiting technology – Disabling the use of an EHR capability that would enable staff to share EHI with users at other systems • Unreasonable delays – Taking several days to respond, despite having the capability to provide same- day EHI access in a format requested by patient or an unaffiliated provider <.. image(Graphical user interface Description automatically generated with medium confidence) removed ..>
Information Blocking. RHIO, all RHIO Participants and Vendors shall comply with all applicable Federal and State Laws and Regulations, including, but not limited to the 21st Century Cures Act provisions and applicable Final Rule that implements certain provisions of such Act.
