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In 2016, the 21st Century Cures Act required that the U.S. make progress toward interoperability, which it defined as “all electronically accessible health information” to be accessed, exchanged and used “without special effort on the part of the user.”

In December, seven years after the passage of the bill, the Department of Health and Human Services finalized a rule that will penalize providers for blocking access to electronic health information.

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But instead of accomplishing what the 21st Century Cures Act attempted to do, the rule misses the mark. It defines interoperability as access to a U.S. Core Data for Interoperability (USCDI v3). On Wednesday the Centers for Medicare and Medicaid Services issued its interoperability standards as part of its prior authorization rule issued using Health Level 7 for transfer of data between providers.

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