EP454: How the Particle v Epic Lawsuit Impacts Plan Sponsors and Public Health Trying to Get Data, With Brendan Keeler

In this episode, host Stacey Richter and guest Brendan Keeler dive deep into the significant legal clash between Epic and Particle over electronic health record (EHR) data access and market competition. This episode examines the broader repercussions on healthcare data exchange, including antitrust concerns, data liquidity, and the ethical considerations around secondary use of treatment data. The discussion brings to light how the outcome of such lawsuits could influence data transparency, interoperability, and the rules governing data sharing among plan sponsors, employers, and healthcare providers. Notable points include the shift to a judicial era impacting health tech companies and the potential for regulatory and judicial actions to improve data access and efficiency within healthcare networks. The episode emphasizes the critical need for clear pathways, accountability, and structured regulations to enhance patient care and reduce fraud in the healthcare data ecosystem. WHAT YOU'LL LEARN ✅ What the Epic v Particle lawsuit is actually about, and why it matters for plan sponsors and public health efforts trying to access data ✅ Who can gain access to EHR data, and what limits (if any) exist on how that data can be used secondarily ✅ Why this moment represents a shift to what Brendan calls a "judicial era" for health tech companies ✅ What progress has been made since the lawsuit began, and who else stands to be affected by the rule this case is likely to set ✅ Why clear pathways, accountability, and structured regulations are needed to improve data access while also reducing fraud in the healthcare data ecosystem WHY THIS MATTERS The Epic v Particle dispute is a proxy fight over who controls health data liquidity — and its outcome will shape interoperability rules well beyond the two companies involved. Brendan Keeler's read: regulatory and judicial action, not voluntary industry cooperation, is what's actually going to move data access and efficiency forward from here. === LINKS === 🔗 Show Notes with all mentioned links: Episode Page 🔗 Healthcare Industry Acronyms and Terms ✉️ Enjoy this podcast? Subscribe to the free weekly newsletter 🫙 Support the podcast with a small donation to the Tip Jar 📺 Subscribe to our YouTube channel 🎤 Listen on Apple Podcasts 🎤 Listen on Spotify === CONNECT WITH THE RHV TEAM === ✭ LinkedIn ✭ Threads ✭ Bluesky ✭ X 00:00 Introduction. 07:21 Who can gain access to EHR data? 10:31 Are there limits to how EHR data can be used secondarily? 11:36 Can EHR data be shared secondarily? 15:47 Part one and part two of Brendan's comprehensive account of the Epic/Particle dustup. 15:57 What was the dispute that started Epic v Particle? 18:21 What are the two viewpoints in this dispute with Epic's actions? 26:16 What progress has been seen since this lawsuit began? 28:00 Who else will be impacted by the likely rule cementing from this lawsuit?