FAQ Topics: Information Blocking, Interference
Could an actor’s practice that interferes with an automation technology’s ability to access, exchange, or use EHI implicate the information blocking regulations?
Yes. An actor’s practice that interferes with, prevents, or materially discourages the access, exchange, or use of EHI by automation technologies (e.g., robotic process automation (RPA), agentic artificial intelligence) could implicate the information blocking regulations. The information blocking definition (42 CFR 171.103) is not specific to any particular means, manners, or mechanisms by which access, exchange, or use of EHI is sought and could be accomplished. Thus, an actor’s practice that is likely to interfere with, prevent, or materially discourage access, exchange, or use of EHI by automation technologies could implicate the information blocking provision.