On October 3, APA Services submitted comments to the U.S. Department of Health and Human Services on the Health Data, Technology, and Interoperability: Patient Engagement, Information Sharing, and Public Health Interoperability (HTI-2) Proposed Rule.opens in new window This proposed rule would advance interoperabilityopens in new window—the standards that make it possible for different electronic health record (EHR) systems to work compatibly—and improve data transparency.
The rule would also improve access to and use of electronic health information among patients, providers, payers, and public health authorities as required by the 21st Century Cures Actopens in new window. The APA Services comments specifically focused on the proposed changes to certain exceptions to information blocking requirements; the comments applauded a proposed new exception that would let psychologists protect the privacy of patients’ reproductive health information without that being considered information blocking in violation of the Cures Act.
This is consistent with recent updates to the HIPAA Privacy Ruleopens in new window and with the APA Resolution on Confidentiality and Reproductive Health (PDF, 50KB)opens in new window adopted in February 2023. APA Services suggested extending this proposed exception and expanding the existing Privacy Rule exception to patient data related to gender affirming care services and urged that the proposed modifications to existing information blocking exceptions be made to align with the proposed Protecting Care Access exception.