HIPAA Blog

[ Friday, March 14, 2025 ]

 

Information-blocking news: EMR company must allow client's BAs to access PHI: I must admit I haven't been following this at all, but it's an interesting bit of news from the intersection of HIPAA privacy and 21st Century Cures Act interoperability.  As you know, HIPAA tries to put the brakes on data sharing, while the Cures Act tries to increase data sharing.  In this case, Real Time Medical, a health analytics company with a lot of nursing home clients, is suing Point Click Care, an EMR provider (that also provides other health data transmission services), to get access to those nursing homes' PHI. PCC is prohibiting RTM from accessing the data, even though the nursing homes are RTM's clients.  

So far, the court has sided with RTM, calling PCC's actions data-blocking that's prohibited by the Cures Act.  

I haven't dug into the case much, but from 30,000 feet, that sounds right -- if RTM is a business associate of the owner of the PHI, then the EMR company should NOT block that access.


Jeff [9:39 AM]

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