Texas Border Business
Attorney General Ken Paxton filed a lawsuit against Epic Systems Corporation (“Epic”) for their unlawful monopolization of the electronic health records industry and for engaging in deceptive practices that restrict parental access to their minor children’s medical records.
Epic’s database software houses more than 325 million patient records, representing 90% of all U.S. citizens. The corporation uses a wide range of exclusionary tactics to prevent potential competition from its partners, customers, and even its own employees. Epic also interferes with hospitals’ ability to use its own patient data as part of its scheme to block software competitors. As a result, Texas patients experience diminished quality of health care due to their preferred physicians receiving incomplete or out-of-date patient health records. These anticompetitive practices further harm Texas hospitals and Texas patients by raising costs and blocking innovative technologies.
Additionally, Epic exploits its control over patient medical records, data it does not own, to automatically hide children’s medication lists, treatment notes, and provider messages from parents when their child turns a mere twelve years old. These deceptive practices undermine the fundamental right of parents to direct their children’s healthcare and clearly violate Tex. Health & Safety Code § 183.006, which grants parents complete and unrestricted access to their children’s medical records.
“We will not allow woke corporations to undermine the sacred rights of parents to protect and oversee their kids’ medical well-being,” said Attorney General Paxton. “This lawsuit aims to ensure that Texans can readily obtain access to these records and benefit from the lower costs and innovation that come from a truly competitive electronic health records market.”
This suit is a part of Attorney General Paxton’s broader effort to stop electronic health record vendors from unlawfully restricting parental access to minors’ medical records. Earlier this year, the Office of the Attorney General secured a settlement with Austin Diagnostic Clinic (“ADC”) that required full restoration of parental proxy access for children aged 12 to 17. The Attorney General has also issued civil investigative demands to other electronic health record (“EHR”) software providers to ensure those companies follow Texas law and respect parental rights in the medical setting.
To read the lawsuit, click here.
