The Sept. 25 letter outlines concerns the association has over HHS’ definition and examples of interferences put forth by its technology policy office.
ACR said it strongly opposes a rule that would regulate an incomplete list of example practices considered to be “interferences.” It argues that the language of the rule is too vague, would not meet the statutory definition of “information blocking” and could be confusing and counterproductive.
“Some actors may erroneously perceive this list as a prioritization or limitation of the scope of OIG investigations,” the letter said.
The association also said that some of the scenarios presented in the rule would not be considered unreasonable by providers or are misrepresentations of decisions made by providers.
It proposes a new information blocking rule that would exempt practices that provide tailored access, exchange and use of electronic health information to a requestor’s preference.
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