Prevention of Information Blocking Attestation Guidelines

Guidelines to Prevent Data Blocking for Advancing Care Information (ACI)

October 2017

To ensure that eligible clinicians are reporting health information, the Quality Payment Program (QPP) requires MIPS eligible clinicians to show that they have not knowingly and willfully limited or restricted the compatibility or interoperability of their certified electronic health record (EHR) technology.  To demonstrate that they are meeting this requirement, MIPS eligible clinicians will attest to three statements about their implementation and use of certified EHR technology (CEHRT). Together, these statements are the “Prevention of Information Blocking Attestation.”

 

Attestation

MIPS eligible clinicians reporting ACI must attest to the Prevention of Information Blocking Attestation. If reporting as a group, the attestation applies to all MIPS eligible clinicians within the group. If one eligible clinician fails to attest, the entire group will fail.

You must ensure that your organizational policies and workflows are enabled and do not restrict the CEHRT’s functionality in any way. The QPP does recognize factors that may be out of the clinician’s control, which may limit the exchange or use of electronic health information. When attesting, the Prevention of Information Blocking Attestation requires clinicians to act in Good Faith. Factors that will be considered in the process include, practice or organization size, technology usage, and what CEHRT can do. 

Attestation Statements

According to the QPP, The Prevention of Information Blocking Attestation has three related statements that are based on section 106(b)(2) of the MACRA about how MIPS eligible clinicians implement and use CEHRT. When you attest to these three statements together, you are confirming that you have acted in good faith. The attestation statements are:

Statement 1: A MIPS eligible clinician must attest that they did not knowingly and willfully take action (such as to disable functionality) to limit or restrict the compatibility or interoperability of CEHRT.

Statement 2: A MIPS eligible clinician must attest that they implemented technologies, standards, policies, practices, and agreements reasonably calculated to ensure, to the greatest extent practicable and permitted by law, that the CEHRT was, at all relevant times:

  1. Connected in accordance with applicable law;
  2. Compliant with all standards applicable to the exchange of information, including the standards, implementation specifications, and certification criteria adopted at 45 CFR Part 170;
  3. Implemented in a manner that allowed for timely access by patients to their electronic health information (including the ability to view, download, and transmit this information); and
  4. Implemented in a manner that allowed for the timely, secure, and trusted bi-directional exchange of structured electronic health information with other health care providers (as defined by 42 U.S.C. 300jj(3)), including unaffiliated providers, and with disparate CEHRT and health IT vendors.

Statement 3: A MIPS eligible clinician must attest that they responded in good faith and in a timely manner to requests to retrieve or exchange electronic health information, including from patients, health care providers (as defined by 42 U.S.C. 300jj(3)), and other persons, regardless of the requestor’s affiliation or technology vendor.

You do not have to give us any documentation to show you have acted in good faith to:

  • Implement and use your CEHRT to support the appropriate exchange of electronic health information
  • Not block information

 

For complete information, contact the Quality Payment Program website.

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