ONC Information Blocking Policy

Date Created: 1/28/2021

Purpose

The purpose of this policy is to establish transparency through technology and maintain compliance with the ONC Cures Act Final Rule, Information Blocking provisions and Condition of Maintenance Requirements.

 

Policy

To sustain compliance with information blocking provisions, on or before April 5th, 2021, MediSked, LLC, a health IT developer of certified health IT does not partake in any actions that constitutes information blocking. 

MediSked, as a health IT developer of certified health IT ensures the responsibility that all of its health IT and related actions and behaviors do not constitute information blocking or inhibit the appropriate access, exchange, and use of electronic health information (EHI). 

Per the assurance’s requirement, MediSked LLC will, for a period of 10 years beginning the date of certification, retain all records and information necessary that demonstrates initial and ongoing compliance, established by the ONC Health IT Certification Program.

  1. Provide assurances that it will not take any action that constitutes information blocking, or any other action that may inhibit the appropriate exchange, access, and use of electronic health information,  
  2. Ensure full compliance and unrestricted implementation of certification criteria capabilities, 
  3. Not take any action to interfere with a user’s ability to access or use certified capabilities, and 
  4. Certify health IT products which electronically store EHI to the §170.315(b)(10) criteria by the compliance date of December 31, 2023.

 

According to the communications requirement, MediSked LLC, the health IT developer may not prohibit or restrict any communication regarding the following subjects for certified health IT Modules:

  1. The usability of its health IT, 
  2. The interoperability of its health IT, 
  3. The security of the health IT, 
  4. Relevant information regarding users’ experiences when using its health IT, 
  5. The business practices of developers of health IT related to exchanging EHI, and 
  6. The manner in which a user of the health IT has used such technology. 

 

MediSked LLC also has a duty to notify all customers that we will not enforce any communication or contract provision contravening the Communication Condition of Certification (CoC) requirements on an annual basis, beginning in calendar year 2021 (April 5th, 2021), up to and until the health IT developer amends the contract or agreement to remove or void the contravening contractual provisions. Additionally, MediSked LLC will not establish, renew, or enforce any contract or agreement that contravenes the Communications CoC requirement, and must amend the contract or agreement when it is next modified for other reasons or renewed to remove or void contravening contractual provisions.