Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
An actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to protect the security of electronic health information will not be considered information blocking when the practice meets the conditions in paragraphs (a), (b), and (c) of this section, and in addition meets either the condition in paragraph (d) of this section or the condition in paragraph (e) of this section.
(a) The practice must be directly related to safeguarding the confidentiality, integrity, and availability of electronic health information.
(b) The practice must be tailored to the specific security risk being addressed.
(c) The practice must be implemented in a consistent and non-discriminatory manner.
(d) If the practice implements an organizational security policy, the policy must—
(1) Be in writing;
(2) Have been prepared on the basis of, and be directly responsive to, security risks identified and assessed by or on behalf of the actor;
(3) Align with one or more applicable consensus-based standards or best practice guidance; and
(4) Provide objective timeframes and other parameters for identifying, responding to, and addressing security incidents.
(e) If the practice does not implement an organizational security policy, the actor must have made a determination in each case, based on the particularized facts and circumstances, that:
(1) The practice is necessary to mitigate the security risk to electronic health information; and
(2) There are no reasonable and appropriate alternatives to the practice that address the security risk that are less likely to interfere with access, exchange or use of electronic health information.
Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.171.203 Security exception—when will an actor's practice that is likely to interfere with the access, exchange, or use of electronic health information in order to protect the security of electronic health information not be considered information blocking? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-171-203/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)