---
kind: "section"
citation: "42 U.S.C. § 300jj–52"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300jj–52"
heading: "Information blocking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300jj-52"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVIII — Health Information Technology and Quality"
  - "Part C — Other Provisions"
---

# §300jj–52. Information blocking

- (a) **Definition—**
  - (1) **In general—** In this section, the term “information blocking” means a practice that—
    - (A) except as required by law or specified by the [Secretary](/usc/42/201.md?p=c) pursuant to rulemaking under [paragraph (3)](#a-3), is likely to interfere with, prevent, or materially discourage access, [exchange](/usc/42/300gg–91.md?p=d-21), or use of electronic [health information](/usc/42/300jj.md?p=4); and
    - (B)
      - (i) if conducted by a [health information technology](/usc/42/300jj.md?p=5) developer, [exchange](/usc/42/300gg–91.md?p=d-21), or network, such developer, [exchange](/usc/42/300gg–91.md?p=d-21), or network knows, or should know, that such practice is likely to interfere with, prevent, or materially discourage the access, [exchange](/usc/42/300gg–91.md?p=d-21), or use of electronic [health information](/usc/42/300jj.md?p=4); or
      - (ii) if conducted by a [health care provider](/usc/42/300jj.md?p=3), such [provider](/usc/42/299b–21.md?p=8) knows that such practice is unreasonable and is likely to interfere with, prevent, or materially discourage access, [exchange](/usc/42/300gg–91.md?p=d-21), or use of electronic [health information](/usc/42/300jj.md?p=4).
  - (2) **Practices described—** The information blocking [practices](/usc/42/17061.md?p=19) described in [paragraph (1)](#a-1) may include—
    - (A) [practices](/usc/42/17061.md?p=19) that restrict authorized access, [exchange](/usc/42/300gg–91.md?p=d-21), or use under applicable [State](/usc/42/300ii.md?p=8) or Federal law of such information for [treatment](/usc/42/11851.md?p=11) and other permitted purposes under such applicable law, including transitions between certified [health information technologies](/usc/42/300jj.md?p=5);
    - (B) implementing [health information technology](/usc/42/300jj.md?p=5) in nonstandard ways that are likely to substantially increase the complexity or burden of accessing, exchanging, or using electronic [health information](/usc/42/300jj.md?p=4); and
    - (C) implementing [health information technology](/usc/42/300jj.md?p=5) in ways that are likely to—
      - (i) restrict the access, [exchange](/usc/42/300gg–91.md?p=d-21), or use of electronic [health information](/usc/42/300jj.md?p=4) with respect to exporting complete information sets or in transitioning between [health information technology](/usc/42/300jj.md?p=5) systems; or
      - (ii) lead to fraud, waste, or abuse, or impede innovations and advancements in [health information](/usc/42/300jj.md?p=4) access, [exchange](/usc/42/300gg–91.md?p=d-21), and use, including care delivery enabled by [health information technology](/usc/42/300jj.md?p=5).
  - (3) **Rulemaking—** The [Secretary](/usc/42/201.md?p=c), through rulemaking, shall identify reasonable and necessary activities that do not constitute information blocking for purposes of [paragraph (1)](#a-1).
  - (4) **No enforcement before exception identified—** The term “information blocking” does not include any practice or conduct occurring prior to the date that is 30 days after December 13, 2016.
  - (5) **Consultation—** The [Secretary](/usc/42/201.md?p=c) may consult with the Federal Trade Commission in promulgating [regulations](/usc/42/201.md?p=d) under this subsection, to the extent that such [regulations](/usc/42/201.md?p=d) define [practices](/usc/42/17061.md?p=19) that are necessary to promote competition and consumer welfare.
  - (6) **Application—** The term “information blocking”, with respect to an individual or entity, shall not include an act or practice other than an act or practice committed by such individual or entity.
  - (7) **Clarification—** In carrying out this section, the [Secretary](/usc/42/201.md?p=c) shall ensure that [health care providers](/usc/42/300jj.md?p=3) are not penalized for the failure of developers of [health information technology](/usc/42/300jj.md?p=5) or other entities offering [health information technology](/usc/42/300jj.md?p=5) to such [providers](/usc/42/299b–21.md?p=8) to ensure that such technology meets the requirements to be certified under this subchapter.
- (b) **Inspector General authority—**
  - (1) **In general—** The inspector general of the Department of Health and Human [Services](/usc/42/201.md?p=a) (referred to in this section as the “Inspector General”) may investigate any claim that—
    - (A) a [health information technology](/usc/42/300jj.md?p=5) developer of certified [health information technology](/usc/42/300jj.md?p=5) or other entity offering certified [health information technology](/usc/42/300jj.md?p=5)—
      - (i) submitted a false attestation under [section 300jj–11(c)(5)(D)(vii) of this title](/usc/42/300jj–11.md?p=c-5-D-vii); or
      - (ii) engaged in information blocking;
    - (B) a [health care provider](/usc/42/300jj.md?p=3) engaged in information blocking; or
    - (C) a [health information](/usc/42/300jj.md?p=4) [exchange](/usc/42/300gg–91.md?p=d-21) or network engaged in information blocking.
  - (2) **Penalties—**
    - (A) **Developers, networks, and exchanges—** Any individual or entity described in subparagraph [(A)](#b-1-A) or [(C)](#b-1-C) of paragraph (1) that the Inspector General, following an investigation conducted under this subsection, determines to have committed information blocking shall be subject to a civil monetary penalty determined by the [Secretary](/usc/42/201.md?p=c) for all such [violations](/usc/42/2000e–16a.md?p=c) identified through such investigation, which may not exceed $1,000,000 per [violation](/usc/42/2000e–16a.md?p=c). Such determination shall take into account factors such as the nature and extent of the information blocking and harm resulting from such information blocking, including, where applicable, the number of patients affected, the number of [providers](/usc/42/299b–21.md?p=8) affected, and the number of days the information blocking persisted.
    - (B) **Providers—** Any individual or entity described in [subparagraph (B)](#b-1-B) of paragraph (1) determined by the Inspector General to have committed information blocking shall be referred to the appropriate [agency](/usc/42/8262.md?p=1) to be subject to appropriate disincentives using authorities under applicable Federal law, as the [Secretary](/usc/42/201.md?p=c) sets forth through notice and comment rulemaking.
    - (C) **Procedure—** The provisions of [section 1320a–7a of this title](/usc/42/1320a–7a.md) (other than subsections [(a)](/usc/42/1320a–7a.md?p=a) and [(b)](/usc/42/1320a–7a.md?p=b) of such section) shall apply to a civil money penalty applied under this paragraph in the same manner as such provisions apply to a civil money penalty or proceeding under such [section 1320a–7a(a) of this title](/usc/42/1320a–7a.md?p=a).
    - (D) **Recovered penalty funds—** The amounts recovered under this paragraph shall be allocated as follows:
      - (i) **Annual operating expenses—** Each year following the establishment of the authority under this subsection, the Office of the Inspector General shall provide to the [Secretary](/usc/42/201.md?p=c) an estimate of the costs to carry out investigations under this section. Such estimate may include reasonable reserves to account for variance in annual amounts recovered under this paragraph. There is authorized to be appropriated for purposes of carrying out this section an amount equal to the amount specified in such estimate for the fiscal year.
      - (ii) **Application to other programs—** The amounts recovered under this paragraph and remaining after amounts are made available under [clause (i)](#b-2-D-i) shall be transferred to the Federal [Hospital](/usc/42/300s–3.md?p=1) Insurance Trust Fund under [section 1395i of this title](/usc/42/1395i.md) and the Federal Supplementary Medical Insurance Trust Fund under [section 1395t of this title](/usc/42/1395t.md), in such proportion as the [Secretary](/usc/42/201.md?p=c) determines appropriate.
    - (E) **Authorization of appropriations—** There is authorized to be appropriated to the Office of the Inspector General to carry out this section $10,000,000, to remain available until expended.
  - (3) **Resolution of claims—**
    - (A) **In general—** The Office of the Inspector General, if such Office determines that a consultation regarding the health privacy and security rules promulgated under [section 264(c)](/usc/42/264.md?p=c) of the Health Insurance Portability and Accountability Act of 1996 ([42 U.S.C. 1320d–2](/usc/42/1320d–2.md) note) will resolve an information blocking claim, may refer such instances of information blocking to the Office for Civil Rights of the Department of Health and Human [Services](/usc/42/201.md?p=a) for resolution.
    - (B) **Limitation on liability—** If a [health care provider](/usc/42/300jj.md?p=3) or [health information technology](/usc/42/300jj.md?p=5) developer makes information available based on a good faith reliance on consultations with the Office for Civil Rights of the Department of Health and Human [Services](/usc/42/201.md?p=a) pursuant to a referral under [subparagraph (A)](#b-3-A), with respect to such information, the [health care provider](/usc/42/300jj.md?p=3) or developer shall not be liable for such disclosure or disclosures made pursuant to [subparagraph (A)](#b-3-A).
  - (4) **Application of authorities under Inspector General Act of 1978—** In carrying out this subsection, the Inspector General shall have the same authorities as provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).[^1]
- (c) **Identifying barriers to exchange of certified health information technology—**
  - (1) **Trusted exchange defined—** In this section, the term “trusted [exchange](/usc/42/300gg–91.md?p=d-21)” with respect to certified electronic health records means that the certified electronic health record technology has the technical capability to enable secure [health information](/usc/42/300jj.md?p=4) [exchange](/usc/42/300gg–91.md?p=d-21) between users and multiple certified electronic health record technology systems.
  - (2) **Guidance—** The [National Coordinator](/usc/42/300jj.md?p=11), in consultation with the Office for Civil Rights of the Department of Health and Human [Services](/usc/42/201.md?p=a), shall issue guidance on common legal, governance, and security barriers that prevent the trusted [exchange](/usc/42/300gg–91.md?p=d-21) of electronic [health information](/usc/42/300jj.md?p=4).
  - (3) **Referral—** The [National Coordinator](/usc/42/300jj.md?p=11) and the Office for Civil Rights of the Department of Health and Human [Services](/usc/42/201.md?p=a) may refer to the Inspector General instances or patterns of refusal to [exchange](/usc/42/300gg–91.md?p=d-21) [health information](/usc/42/300jj.md?p=4) with an individual or entity using certified electronic health record technology that is technically capable of trusted [exchange](/usc/42/300gg–91.md?p=d-21) and under conditions when [exchange](/usc/42/300gg–91.md?p=d-21) is legally permissible.
- (d) **Additional provisions—**
  - (1) **Information sharing provisions—** The [National Coordinator](/usc/42/300jj.md?p=11) may serve as a technical consultant to the Inspector General and the Federal Trade Commission for purposes of carrying out this section. The [National Coordinator](/usc/42/300jj.md?p=11) may, notwithstanding any other provision of law, share information related to claims or investigations under [subsection (b)](#b) with the Federal Trade Commission for purposes of such investigations and shall share information with the Inspector General, as required by law.
  - (2) **Protection from disclosure of information—** Any information that is received by the [National Coordinator](/usc/42/300jj.md?p=11) in connection with a claim or suggestion of possible information blocking and that could reasonably be expected to facilitate identification of the source of the information—
    - (A) shall not be disclosed by the [National Coordinator](/usc/42/300jj.md?p=11) except as may be necessary to carry out the purpose of this section;
    - (B) shall be exempt from mandatory disclosure under [section 552 of title 5](/usc/5/552.md), as provided by [subsection (b)(3)](/usc/5/552.md?p=b-3) of such section; and
    - (C) may be used by the Inspector General or Federal Trade Commission for reporting purposes to the extent that such information could not reasonably be expected to facilitate identification of the source of such information.
  - (3) **Standardized process—**
    - (A) **In general—** The [National Coordinator](/usc/42/300jj.md?p=11) shall implement a standardized process for the public to submit reports on claims of—
      - (i) [health information technology](/usc/42/300jj.md?p=5) products or developers of such products (or other entities offering such products to [health care providers](/usc/42/300jj.md?p=3)) not being interoperable or resulting in information blocking;
      - (ii) actions described in [subsection (b)(1)](#b-1) that result in information blocking as described in [subsection (a)](#a); and
      - (iii) any other act described in [subsection (a)](#a).
    - (B) **Collection of information—** The standardized process implemented under [subparagraph (A)](#d-3-A) shall provide for the collection of such information as the originating institution, location, type of transaction, system and version, timestamp, terminating institution, locations, system and version, failure notice, and other related information.
  - (4) **Nonduplication of penalty structures—** In carrying out this subsection, the [Secretary](/usc/42/201.md?p=c) shall, to the extent possible, ensure that penalties do not duplicate penalty structures that would otherwise apply with respect to information blocking and the type of individual or entity involved as of the day before December 13, 2016.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(July 1, 1944, ch. 373, title XXX, § 3022, as added Pub. L. 114–255, div. A, title IV, § 4004, Dec. 13, 2016, 130 Stat. 1176; amended Pub. L. 116–321, § 2(a), Jan. 5, 2021, 134 Stat. 5073.)

## Notes

### Editorial Notes

### References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b)(3)(A), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

Section 6 of the Inspector General Act of 1978, referred to in subsec. (b)(4), is section 6 of Pub. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 406 of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4218, 4361.

### Amendments

2021—Subsec. (b)(4). Pub. L. 116–321 added par. (4).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Pub. L. 116–321, § 2(b), Jan. 5, 2021, 134 Stat. 5073, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the 21st Century Cures Act (Public Law 114–255).”