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legal/information-blocking-faqs.md

@@ -238,6 +238,9 @@ If you believe that a HIPAA-covered entity or its business associate violated yo
 
 ## Do patients need to request my app before they need to give me access to their API
 
+> Along the same lines discussed in the example directly above, for a patient to be able to use an application of their choice with certified API technology, the software application will need to be ‘‘registered.’’ In that regard, as a second example, an actor’s refusal to register a software application that enables a patient to access their EHI would effectively prevent its use given that registration is a technical prerequisite for software applications to be able to connect to certified API technology. As a result, such refusals in the context of patient access unless otherwise addressed in this rule would be highly suspect and likely to implicate information blocking. We note, however, for the first and second example that neither app registration nor the public availability of a FHIR service base URL means that an application will be able to access any EHI. On the contrary, the application would be unable to do so unless a patient authenticates themselves via an appropriate workflow
+
+https://www.federalregister.gov/d/2020-07419/p-1910