vault backup: 2025-01-16 10:50:48

legal/information-blocking-faqs.md

@@ -251,6 +251,9 @@ https://www.federalregister.gov/d/2020-07419/p-1910
 
 ## Can EHRs block access to Medical Records for minors?
 
+> We received several comments suggesting the use of pediatric-focused clinicians and settings to test EHR systems as part of these provisions, specifically recommending that we should require EHR developers to use pediatric-focused scenarios and mock pediatric patients when testing functionality, as well as requiring the inclusion of pediatric clinicians as part of end-user testing.
+https://www.federalregister.gov/d/2020-07419/p-886
+
 > Comments. Several commenters specifically requested clarification as to the information blocking implications where State law and/or the organization’s account provisioning process do not provide for minors to obtain the login credentials needed to access their own records through an electronic portal, which will often be the login credentials a patient would use to authorize an app to receive the records through the provider’s API.
 >
 > Response. Where the actor does not have a reasonable belief that a practice interfering with minors’ access to their own EHI will substantially reduce a risk of harm cognizable under this exception, the Preventing Harm Exception (§ 171.201) would not apply. This exception would also not apply where any person—whether adult, emancipated minor, or non- emancipated minor—is not able to provide adequate verification of their identity consistent with the actor’s health information privacy or security protection policies. Actors should assess practices related to verifying the identity of a patient, or a legal representative of the patient, for consistency with the conditions of the Privacy Exception as finalized in  § 171.202 and/or the Security Exception as finalized in § 171.203. Likewise, practices implemented to confirm a representative’s legal authority to access or request or authorize access, exchange, or use of a minor’s EHI on behalf of the minor, should be analyzed in the context of the Privacy Exception as finalized in § 171.202 and/or the Security Exception as finalized in § 171.203. Where otherwise applicable law prohibits a specific access, exchange, or use of information, an exception to part 171 is not necessary due to the exclusion of ‘‘required by law’’ practices from the statutory information blocking definition in section 3022 of the PHSA (as discussed in section VIII.C.1 of this preamble). However, where an actor simply lacks the technical capability to provide access, exchange, or use in a specific requested mechanism, format, or manner, we would encourage the actor to review its practices for consistency with the new Content and Manner Exception finalized in § 171.301 or the Infeasibility Exception finalized in § 171.204.