The requestor preference exception allows healthcare actors to prioritize a requestor's specific needs when fulfilling requests for access to their data. A McDermott Plus article notes, “The proposed new requestor preferences exception would permit an actor to tailor access, exchange or use of EHI to a requestor’s preference if the practice meets certain conditions.” It provides patients with greater control over their health information and how it is shared. This control is achieved through its fair interpretation alongside the other information blocking exceptions which provide controls for privacy and security without infringing on patient rights.
The requestor preference exception and information blocking
The relationship between the requestor preference exception and information blocking is established by the 21st Century Cures Act. Information blocking is the practice used to interfere with the access, exchange, and use of electronic health information. The requestor preference exception combats this by providing a legitimate framework within which providers can operate in a way that ensures patients have control over their health information. The exception helps navigate potential accusations of information blocking when choosing not to fulfill a request in a standard manner, as long as it aligns with the patient's expressed wishes.
When does it apply?
The exception is relevant when a requestor expresses written preferences for limitations on the amount of EHI shared, the conditions under which it is shared, or the timing of its availability. For example, a patient might request that their health information be shared only during certain hours or wish to limit the type of data disclosed to specific providers. It requires that healthcare actors adhere to four conditions, these include:
- The request condition requires that the requestor's preferences be clearly expressed.
- The implementation condition ensures that these preferences can be reasonably accommodated.
- The transparency condition obligates providers to communicate how they will fulfill these requests.
- The reduction or removal condition allows for adjustments based on feasibility.
Related: HIPAA Compliant Email: The Definitive Guide
FAQs
What are the information blocking exceptions?
- The preventing harm exception
- Privacy exception
- Security exception
- Infeasibility exception
- Health IT performance exception
- Content and manner exception
- Fees exception
- Licensing exception.
Is there a difference between EHI and PHI?
EHI includes all digital health data related to patient care, and protected health information (PHI) specifically refers to any health information that can identify an individual and is protected under HIPAA.
What is the function of interoperability?
The function is to allow different healthcare systems, devices, and applications to communicate and exchange information efficiently and securely.
Kirsten Peremore
