In 2016, Congress enacted the 21st Century Cures Act to remedy healthcare providers chronically “blocking” patient access to their own electronic health records (“EHR”) information to which patients are entitled under HIPAA/HITECH. Notably, on March 4, 2019, the U.S. Department of Health and Human Services (“HHS”) through its Office of the National Coordinator for Health Information Technology (“ONC”) finally released its overdue proposed rulemaking to implement the Cures Act. At last finalization of implementing regulations is within reach.
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