Understanding What Information May Not Be Provided

While omitting data may be considered information blocking, certain types of data are excluded from information blocking rules. The following types of information fall outside of the record set that is subject to information blocking rules:

• Psychotherapy notes as defined in 45 CFR 164.501
• Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding
• Individually identifiable health information in education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g
• Individually identifiable health information in records described at 20 U.S.C. 1232g(a)(4)(B)(iv)
• Individually identifiable health information in employment records held by a covered entity in its role as employer
• Individually identifiable health information regarding a person who has been deceased for more than 50 years
• De-identified protected health information as defined under 45 CFR 164.514