Patient Record Transparency Vendor Sues Epic: Claims Unlawful Abuse of Power of its Growing Control over Clinic Patient EHR

September 23, 2024

Particle Health has filed a federal antitrust lawsuit against electronic health record (EHR) giant Epic Systems (Epic). A significant lawsuit with significant stakes for the litigants, the industry, and most importantly for patient care across the US.

In a message to online professional networks such as LinkedIn the company reports they did not make this decision without careful consideration. But in what will undoubtedly raise the bar in terms of reviewing the Minnesota privately held EHR practices, the plaintiff’s point to Epic’s clear abuse of power. Meaning the plaintiff felt the need to defend its corporate mission, ensuring that patients receive an ethical and transparent quality of care.

What’s the Alleged Violation

Particle Health is a tech company transforming medical records into actionable insight for improved healthcare. According to the company’s complaint, over the past year, Epic has not only engaged in anticompetitive behavior but unfortunately, continues to purposefully block the exchange of patient information. Doctors need the full medical records of their patients, thus according to Particle Health this litigation represents more than just a business dispute.  The action raises a fundamental concern in U.S healthcare—transparency, portability and information exchange to ensure better medical care and overall respect of patients’ rights to their own health data.

Epic’s manipulation of EHR access is already having negative consequences for doctors and patients. The complaint details how a network of community oncology practices has seen over 2,800 patients’ quality of care harmed, due to Epic deliberately blocking  important clinical information to doctors who work on Epic’s EHR software.

These are records that providers who use Epic systems should have received – and which Particle has attempted to deliver – but which have been blocked by Epic. This instance “shows just how far Epic is willing to go to harm Particle: it is willing to cut its own customers off from vital patient data, risking the lives of the most vulnerable patients in the process,” the complaint states.

The plaintiff declares its commitment to the placing of patient and caregiver interests first,  plus the vital importance of competition and innovation in the marketplace. The underlying premise here centers on the assumption that patients will benefit from more competition in the U.S. health markets. The lawsuit in the plaintiff’s words challenges the unchecked power over Americans’ medical records creates a situation ripe for abuse.

See the company’s press release announcing the litigation.

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