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information blocking provision of 21st Century Cures Act

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Sarah Linfield Wilson

This (information blocking provision of 21st Century Cures Act) goes into effect in November. Do we need to add anything new to our consent forms?

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  • Tracy Masiello

    This federal law goes into effect next week, and means that clients automatically have access to their progress notes and other forms/notes. Is SP setting it up so that they have a way to "see" the notes automatically, or will there be something we have to do to let clients view their notes in the portal?

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  • Sarah Linfield Wilson

    https://www.hklaw.com/en/insights/publications/2020/10/onc-information-blocking-requirements-what-you-need-to-know

     

    I do not know exactly where to find the most correct information, But I do  not believe we will have to give 24/7 access to all documentation and all EHI for every client at all times. It looks like the main thing is just codifying into law what most counselors already do - if a client requests their EHI we can charge them a fee (or give the EHI for free) and provide them their EHI within a reasonable time frame.

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  • Tricia Hanley

    I'd appreciate hearing from Simple Practice as to how they will be handing this.  It looks like, from the link you provided Sarah, that the deadline might be moved because of COVID-19 pandemic. Thank you for bringing this up.

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  • Gillian

    I'm happy to clarify. The 21st Century Cures Act only applies to ONC-certified EHRs, and SimplePractice is not currently ONC-certified. However, I'm happy to show you how to share your progress notes with your clients.

     

    You can export and share your data using our Data Export feature, and you can learn how to use our Data Export feature here: Data export: Exporting client information.

     

    After you export your client data, navigate to your client's Overview page and follow these steps:

     

    • Click Uploaded Files on the right-hand side of their file.
    • Click Upload New, and select the exported notes that you'd like to share with your client. ​​
    • Navigate to their Shared with client section, and click Share New. ​​
    • Select the uploaded file to share.
    • Once you select the correct file, click Continue to Email to send it to your client. Your client will then be able to access their notes via the Client Portal.

     

    To learn more about sharing documents with your client, please see Sending intake forms and documents to clients.

     

    Please let me know if you have any questions.

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  • Jamie Wilson

    Gillian, do you know if SP has any future plans to be ONC-certified?  Only asking because of the possible implications for future full access for clients and want to make sure I am preparing for it now.  Thanks!

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  • Ruth

    Hi Jamie, happy to clarify, SimplePractice isn't subject to The Cures Act and neither are the clinicians who use SimplePractice as an EHR.

    The Cures Act is a condition to maintain ONC Certification, most often held by EHRs for large hospitals, clinics, or organizations that provide lab testing and have to do federal reporting. Since #so isn't ONC Certified, we're not obligated to follow the requirements of The Cures Act. ONC Certification is optional and isn't necessarily beneficial for EHRs like SimplePractice to obtain. Please let me know if you have any additional questions! 

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