In a legal move aimed at cracking the code on healthcare data monopolies, Texas Attorney General Ken Paxton has zeroed in on Epic Systems Corporation with a lawsuit alleging that the company has illegally cornered the market on electronic health records. According to a release on the Texas Attorney General's website, Epic is accused of engaging in deceptive practices that undermine competition and restrict access to medical records, including those of children to their parents, potentially inflating costs and stifling innovation in the process.
Paxton's charge is a serious one, with Epic’s software being responsible for holding upwards of 325 million patient profiles, that’s a jaw-dropping 90% of the American population, the company has been alleged to employ exclusionary tactics that not only block competitors but also hospitals themselves from accessing their own patient data and, in effect, leaving physicians scrambling to provide care with incomplete or outdated health records – now, there’s a headache no one wants. While Epic has not publicly responded to these allegations, they finds itself cast as a gatekeeper in a scenario where the stakes include the quality and cost of healthcare.
What really ratchets up the stakes in Paxton's suit, beyond marketplace wrangling, is the claim that Epic systematically obscures medical information from parents once their child turns 12, hiding medication lists, treatment notes, and doctor communications, a practice deemed deceptive by Paxton and counter to Texas Health & Safety Code § 183.006, which expressly states that parents should have unfettered access to their minor children’s medical histories. "We will not allow woke corporations to undermine the sacred rights of parents to protect and oversee their kids’ medical well-being," Paxton stated, as captured by the office's announcement.
This isn’t Paxton’s first action on electronic health records. He previously reached a settlement with Austin Diagnostic Clinic that restored full parental access to medical records for children ages 12 to 17. His office has also issued civil investigative demands to other EHR providers to ensure they follow Texas law and protect parental rights. With this new effort, Paxton continues to position himself as a defender of both fair practices in the EHR market and the rights of families, as debates over technology, privacy, and parental authority remain ongoing.
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