As healthcare organizations determine how to report under MIPS, consider recent guidance from the Centers for Medicare & Medicaid Services (“CMS”) on the data blocking provision. Eligible clinicians must show they are meeting the information blocking requirements by attesting to three statements about how they implement and use certified EHR technology (“CEHRT”).

Three Statements

1. Did not knowingly and willfully take action (such as to disable functionality) to limit or restrict the compatibility or interoperability of CEHRT.

2. 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 connected, compliant, and implemented per federal law and CMS guidance.

3. Responded in good faith and in a timely manner to requests to retrieve or exchange electronic health information.