Advised Health Care Analytics Software Provider on Health Data Access Rights
Key Facts
- The company offers a health care analytics software platform that connects with electronic health record (EHR) systems and facilitates timely communication to health care provider clients
- An EHR vendor did not provide the company with timely access as requested, negatively affecting the company’s health care provider clients
- The 21st Century Cures Act and Information Blocking Rule by the National Coordinator for Health Information Technology (ONC) aim to ensure, when otherwise legally permissible, that health care stakeholders have extensive access to health data
The Situation
We advised a company providing a health care analytics software platform that interfaces with electronic health record (EHR) systems in order to help communicate vital clinical alerts to health care providers. When an EHR vendor refused to provide the software company timely access to health data necessary for it to provide services to health care provider clients, the software provider turned to Mintz for strategic guidance.
The Approach
Our work included counseling the company on the EHR hosting vendor’s specific compliance responsibilities under the National Coordinator for Health Information Technology (ONC)’s Information Blocking Rule as a certified developer of health IT. Our team advised the company on the EHR vendor’s contract proposals, the various exceptions under the Information Blocking Rule, and the penalties for non-compliance with the rule, including civil monetary penalties for certified developers of health IT.
The Outcome
The company now better understands the complexities and nuances around the applicability of the Information Blocking Rule and its exceptions for various stakeholders across the health care industry. This specialized knowledge is valuable to the company as it continues to expand its business.
