A class-action lawsuit filed in the U.S. District Court for the Western District of Texas this week alleges that electronic health record vendor Epic used its market dominance to block interoperability and make it difficult for patients to access their medical records.
The American Association for Disability Justice and two individuals claim that the design of the Epic system creates barriers that prevent patients and authorized platforms from compiling complete medical histories across health care providers. Its monopolistic practices fragment patient health data across multiple MyChart portals and restrict third-party access to records needed for disability claims, they added.
Epic violated federal antitrust laws, the Americans with Disabilities Act and information-blocking provisions of the 21st Century Cures Act, the lawsuit said. The plaintiffs seek class-action certification, damages and court orders requiring Epic to remove technological barriers.
Epic is a key player in electronic health records, the lawsuit said, managing records for hundreds of millions of patients and controlling more than 40% of the hospital market. Because patients are required to retrieve records through separate MyChart portals associated with each health care provider, people who receive care across multiple systems must manage several accounts and manually download records. These barriers can delay Social Security disability claims, which rely heavily on comprehensive medical documentation, the plaintiffs allege.
For example, one plaintiff, Larry Miller, suffered severe complications from diabetes and applied for disability benefits. His claim was denied twice because of insufficient medical evidence, and he later died while his appeal was pending. After his death, his father said he was unable to retrieve portions of his medical records stored in MyChart accounts tied to his son's personal login credentials. Another plaintiff, John Hodges, spent more than two years assembling records from multiple providers while seeking disability benefits after suffering several heart attacks. As a result, the lawsuit said, he became homeless and lost custody of his daughter.
Epic denied the allegations in a statement to Becker's Health IT.
"Epic is fully interoperable with the Social Security Administration and has been for almost 15 years," a spokesperson said. "We make it easy for claimants to exchange their medical records with SSA, and last year over 2.7 million records were exchanged electronically between SSA and organizations using Epic. Over 85% of SSA's interoperable health IT partners are providers using Epic."
In January, Epic and several care providers sued Health Gorilla, claiming that the health information network improperly accessed and monetized nearly 300,000 patient medical records. OCHIN, Reid Health, Trinity Health and UMass Memorial Health also are plaintiffs in the lawsuit filed in a federal district court in California.
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