Particle Health responds to Epic’s motion to dismiss
Particle Health has filed a motion in response to Epic Systems’ request to dismiss a district court complaint that the electronic health records giant violated a federal antitrust statute.
Epic has denied any wrongdoing and pledged to protect patient privacy and said in a statement it would do so Healthcare IT news that it would “vigorously defend itself against Particle’s meritless claims.”
“This case concerns Epic’s unlawful and widespread campaign to eliminate competition in the payment platform market,” Particle explained in its preliminary statement on Thursday.
The data sharing and analytics company vehemently alleges that Epic acted with intent, saying at one point that it alleges “sufficient actual malice” by the EHR vendor against it to prevent competition in the payer interoperability market.
Epic said last month in its filing to dismiss the antitrust suit that the case – Particle healthInc. v. Epic Systems Corporation – was in retaliation for protecting patient privacy.
The EHR vendor took the position that Particle had enabled some customers to obtain confidential patient medical records under pretenses on the Carequality health information exchange network and, upon finding out, filed a dispute with the HI.
That dispute ultimately led to different opinions about the connection rules for data exchange, according to a Declaration of quality of care in October:
“This claim revealed differences in interpretation of certain technical requirements of Carequality,” the organization said. “With the assistance of a subject matter expert, it was demonstrated that Particle Health was not using a ‘masking gateway’.”
Particle has canceled the contracts with three specific organizations that were disconnected from Carequality for a minimum of twelve months. During the media sparring, Epic said the ruling on the Carequality dispute confirmed that it and its customers have taken appropriate steps to protect patient privacy.
The analytics company said that “contrary to Epic’s conclusive claims,” it plausibly argues its claims that Epic has used “a variety of illegal means that continue to this day,” including:
- “Threatening Particle’s customers unless they agree to stop working with Particle.”
- “Inciting and then very publicly pursuing a baseless industry conflict in an effort to spread fear, uncertainty and doubt about Particle.”
- “Repeatedly making defamatory statements.”
“We remain confident in the strength of the case and that our claims will survive the motion,” a Particle spokesperson said by email Thursday, along with the filing addressing Epic’s basis for dismissal point-by-point.
“Particle’s seventy-eight-page complaint provides a step-by-step description of how a monopolist desperate for control is willing to destroy an innovator with an objectively better product to put more dollars in its pockets,” the company said in the new court. submit.
“Epic may attempt to defend its actions at the appropriate time, but it sees no basis for dismissing the complaint now. The motion must be denied.”
“Particle’s claims are inconsistent with reality,” an Epic spokesperson said Healthcare IT news by email in response on Friday. “Epic and its healthcare customers will not stand by and allow patient health data to be misused under the guise of patient treatment.”
Andrea Fox is editor-in-chief of Healthcare IT News.
Email: afox@himss.org
Healthcare IT News is a HIMSS Media publication.