| The skinny Health data network Health Gorilla has filed a motion to dismiss a lawsuit brought earlier this year by Epic and several health systems alleging improper access to patient records. The motion, filed last Thursday, called Epic's lawsuit "an attack on interoperability." The case at hand The dispute highlights ongoing ambiguities around healthcare data interoperability and governance. Experts think the lawsuit is less about targeting a single bad actor and more about establishing clear, standardized rules for how patient information can be accessed and shared. Epic filed its complaint on January 13, alleging that Health Gorilla allowed other companies to improperly access and monetize nearly 300,000 patient records — a claim Health Gorilla denies. The plaintiffs include Epic, Trinity Health, UMass Memorial Health, Reid Health and OCHIN. According to the complaint, Health Gorilla and affiliated companies created fake healthcare providers, shell websites, and provider IDs to make data requests appear legitimate, while diverting records for non-treatment purposes such as marketing to lawyers. The defendants also allegedly inserted false information into records to obscure their actions, risking patient safety and wasting clinician time. When exposed, they purportedly launched new companies to continue the same practices, operating "like a Hydra." What Health Gorilla said In its motion to throw out the case, Health Gorilla argued that the dispute should be handled through the networks' built-in governance and dispute resolution processes rather than federal litigation. The company also said it cooperated with months-long investigations into the issue, and it maintains that Epic's lawsuit threatens the stability of national data sharing systems used by providers. "Epic tries to paint itself as a good actor because it has come under sustained criticism and inquiry from regulators and private plaintiffs for its widespread unfair business practices, and it desperately needs a distraction from its primary goals, which are to continue enriching itself at the expense of patients nationwide. The case should be dismissed," Health Gorilla's motion stated. What Epic said "Medical records are deeply personal and exploiting them is wrong. In their motion, Health Gorilla asserts that they should be dismissed as a defendant in the lawsuit because they had 'lack of actual knowledge' of wrongdoing. That is not an acceptable reason — Health Gorilla had a responsibility to safeguard sensitive patient data and know why it was being taken," an Epic spokesperson said in a statement sent to MedCity News. The EHR giant added that the public deserves a complete investigation and resolution in federal court rather than behind closed doors. — By Katie Adams |
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