---
kind: "section"
citation: "45 C.F.R. § 171.403"
title: "45"
number: "171.403"
heading: "TEFCA manner exception—When will an actor's practice of limiting the manner in which it fulfills a request to access, exchange, or use electronic health information to only via TEFCA not be considered information blocking?"
url: "https://uscodex.org/cfr/45/171.403"
---

# §171.403. TEFCA manner exception—When will an actor's practice of limiting the manner in which it fulfills a request to access, exchange, or use electronic health information to only via TEFCA not be considered information blocking?


An actor's practice of limiting the manner in which it fulfills a request for access, exchange, or use of electronic health information to only via TEFCA will not be considered information blocking when the practice follows the conditions specified in [paragraphs (a) through (d)](#a..d) of this section.

- (a) **Mutually part of TEFCA.** The actor and requestor are both part of TEFCA.
- (b) **Requestor capability.** The requestor is capable of such access, exchange, or use of the requested electronic health information from the actor via TEFCA.
- (c) **Limitation.** The request for access, exchange, or use of EHI is not via the standards adopted in [45 CFR 170.215](/cfr/45/170.215.md), including version(s) of those standards approved pursuant to [45 CFR 170.405(b)(8)](/cfr/45/170.405.md?p=b-8).
- (d) **Fees and licensing.**
  - (1) Any fees charged by the actor in relation to fulfilling the request are required to satisfy the exception in [§ 171.302](/cfr/45/171.302.md); and
  - (2) Any license of interoperability elements granted by the actor in relation to fulfilling the request is required to satisfy the exception in [§ 171.303](/cfr/45/171.303.md).

## Notes

### Source

Source: 89 FR 1437, Jan. 9, 2024, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 300jj-52; 5 U.S.C. 552.

### Source

Source: 85 FR 25955, May 1, 2020, unless otherwise noted.