The ONC finally released its long-awaited proposed rule to implement the “information blocking” prohibition of the 21st Century Cures Act by identifying conduct that is not information blocking. If finalized, ONC’s proposed rule would have a significant impact on data sharing arrangements and other relationships among health care providers, health IT developers, and other stakeholders. In this On the Subject, our experienced team analyzes ONC’s information blocking proposals and suggests practical next steps for the regulated industry.

The ONC recently released a proposed rule under the 21st Century Cures Act to promote interoperability of health IT and advance access, exchange or use of electronic health information. If finalized, the proposed rule would have significant implications for how health IT developers, health care providers and other stakeholders price access to APIs and other technology used to access, exchange or use health information. This _On the Subject_ discusses the proposed framework for determining whether license fees and other charges for such technology would comply with the ONC’s proposed exceptions to the Cures Act’s information blocking prohibition and proposed Condition of Certification for APIs.