Information Blocking Eight Exceptions (45 CFR 171.200-303)
The eight regulatory exceptions to information blocking: preventing harm, privacy, security, infeasibility, health IT performance, content and manner, fees, and licensing.
Primary source
45 CFR 171.200-303 — eCFR →https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-D/part-171
Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.
The Information Blocking Rule lists eight exceptions at 45 CFR 171.200-303. A practice that meets all conditions of an exception is not information blocking.
Exceptions involving not fulfilling requests to access, exchange, or use EHI:
- Preventing Harm Exception (171.201) — prevent physical harm to a patient or another person.
- Privacy Exception (171.202) — protect an individual's privacy.
- Security Exception (171.203) — protect the security of EHI.
- Infeasibility Exception (171.204) — fulfilling a request is infeasible (uncontrollable events, segmentation infeasibility, third-party seeking modification).
- Health IT Performance Exception (171.205) — maintain or improve health IT performance.
Exceptions involving procedures for fulfilling requests:
- Content and Manner Exception (171.301) — limit the content and manner of fulfillment.
- Fees Exception (171.302) — recover costs incurred to provide access, exchange, or use.
- Licensing Exception (171.303) — license interoperability elements on reasonable terms.
Each exception has specific conditions; partial compliance is not enough. Providers should map common workflows (refusing release pending review, redirecting to a portal, charging EHR vendor fees) against the applicable exception.
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Related across the archive
- RegulationInformation Blocking Rule Overview (45 CFR Part 171)The 21st Century Cures Act information blocking provisions and the ONC rule prohibiting actions by providers, health IT developers, and HINs/HIEs that interfere with electronic health information access, exchange, or use.
- RegulationInformation Blocking Actors (45 CFR 171.102)Three classes of actors subject to information blocking: health care providers, health IT developers of certified health IT, and health information networks/exchanges.
- RegulationInformation Blocking Disincentives for Providers (42 CFR 414.1305, 412.140, 482.24)CMS finalized disincentives for providers found to have committed information blocking by HHS OIG, applied through the MIPS Promoting Interoperability category, hospital Promoting Interoperability program, and Medicare Shared Savings Program.
- ComplianceInformation Blocking Rule (21st Century Cures Act): Compliance for Medical PracticesThe ONC Information Blocking Rule reaches every healthcare provider, with the Part 171 exceptions and CMS-administered provider disincentives that hit MIPS payment. Here is what the rule actually prohibits, the exceptions that apply to practices, and how enforcement landed in 2024.
- RegulationInformation Blocking: Electronic Health Information Definition (45 CFR 171.102)EHI is the full electronic Designated Record Set as defined by HIPAA at 45 CFR 164.501 (since October 6, 2022), broader than the USCDI subset that applied during the initial phase.
Last reviewed May 23, 2026 · Citation verified May 23, 2026
Research aid, not legal advice. This summary is an administrative research aid prepared by D3rx. It does not certify compliance, provide legal advice, replace counsel, or guarantee an audit outcome. For authoritative regulatory text follow the primary source link at the top of this page. The practice remains responsible for reviewing, adopting, and maintaining its compliance program.