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What is considered Electronic Health Information (EHI)?

Understanding Electronic Health Information (EHI)

"EHI is part of the information blocking definition. An actor subject to the information blocking regulations could be found to have committed information blocking if the actor engages in a practice that is likely to prevent, or materially discourage, or otherwise inhibit (interfere with) the access, exchange, or use of EHI.


What is EHI? EHI is electronic protected health information (ePHI) to the extent that it would be included in a designated record set (DRS) (other than psychotherapy notes or information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding), regardless of whether the group of records is used or maintained by or for a HIPAA covered entity." (1)

What is not EHI? (1)

  • 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


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