September 26, 2022
The Honorable Xavier Becerra
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC, 20201
Dear Secretary Becerra:
The undersigned organizations represent a broad range of providers and clinicians from across the healthcare continuum. We appreciate the Department of Health and Human Services’ (HHS’) ongoing efforts to advance health data exchange and interoperability while advancing health equity for all.
Pursuant to provisions contained in the 21st Century Cures Act (Cures Act) healthcare providers, health IT developers, health information exchanges (HIEs), and health information networks (HINs) are prohibited from engaging in “information blocking” practices. Beginning October 6th these actors must be able to share all electronic protected health information (ePHI) in a designated record set, as defined under the Health Insurance Portability & Accountability Act (HIPAA). Prior to this data sharing mandates are limited to what is contained in the USCDI.