Brendan Keeler’s Post

Today is the deadline for Epic to file its motion to dismiss with extended page limits, as Particle and Epic agreed upon on November 25th. When that's submitted, it will (likely) be the last update we'll get out of the Big 3 of health technology lawsuits this year. While we refresh PACER all day for that, a quick status update: - 𝗣𝗮𝗿𝘁𝗶𝗰𝗹𝗲 𝘃. 𝗘𝗽𝗶𝗰: An antitrust lawsuit alleging that Epic leveraged its monopoly position in the provider market to foreclose competition from an emergent payer platform by Particle Health (a HIE on-ramp company). Important because Epic is the largest EHR in the country, so any remedy would send shock waves through the industry. While I'm not optimistic overall about Particle's chances, I'll write more about the potential remedies in an upcoming article. - 𝗥𝗲𝗮𝗹 𝗧𝗶𝗺𝗲 𝗠𝗲𝗱𝗶𝗰𝗮𝗹 𝗦𝘆𝘀𝘁𝗲𝗺𝘀 𝘃. 𝗣𝗼𝗶𝗻𝘁𝗖𝗹𝗶𝗰𝗸𝗖𝗮𝗿𝗲: A lawsuit by an analytics application against the largest Skilled Nursing Facility EHR alleging that the latter is illegally blocking access to patient data to eliminate competition as it develops its own analytics products. With an initial ruling in the favor of RTMS interpreting a truly massive scope to the boundaries of information blocking, the case is in appeal and has major implications for EHR vendors' control over healthcare data access. We can expect updates in late January as arguments start. - 𝗜𝗻𝘁𝘂𝘀 𝗖𝗮𝗿𝗲, 𝗜𝗻𝗰. 𝘃. 𝗥𝗧𝗭 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗲𝘀: A lawsuit by a PACE healthcare analytics platform against PACEcare, a PACE-specific pseudo-EHR. Similar to RTMS v. PointClickCare, it is worth watching because PACEcare is not a certified health IT developer. Intus is alleging that RTZ is a health information network or health information exchange” , because it provides certified lab interfaces and certified e-prescribe interfaces, and thus is facilitating access to and exchange of data between and among, at minimum, these entities (i.e. Quest, Sunquest, CareKinesis, and Surescripts) and PACE programs. This is wild in that it would further push the boundaries of information blocking actors to...every software, more or less. It's been stuck in mediation limbo since September Links in the comments. Are there any I'm missing? I've heard rumors of other information blocking lawsuits circulating in state courts but have not found them. Lots of fun to come! Make sure to sign up here for a fuller look at the 2025 multiverse of possibility that we (HTD Health) will publish early next year: https://lnkd.in/g_842ruB