Texas is dropping a part of its lawsuit against Epic Systems, specifically the claims about how the company's software handles parental access to a child's electronic health records.
In December, Texas Attorney General Ken Paxton filed a lawsuit against Epic alleging the health tech company monopolizes the electronic health record market and cements its dominance in the market through an "anticompetitive playbook."
The lawsuit, filed in Tarrant County District Court, also accused the company of engaging in deceptive practices that restrict parental access to their minor children’s medical records. On Tuesday, the Texas AG's office filed a notice of partial nonsuit indicating it was dropping the deceptive practices claims against Epic.
The notice of partial nonsuit states that the decision was made "in light of Epic’s recent changes to its software."
In previous statements, an Epic spokesperson said the company "does not determine parental access to children’s medical records."
"Decisions about parental access to children’s medical records are made by doctors and health systems, not by Epic," the spokesperson said.
The state is still moving forward with its antitrust claims under the Texas Free Enterprise and Antitrust Act. The Texas Attorney General's office alleges Epic "uses a wide range of exclusionary tactics to prevent potential competition from its partners, customers and even its own employees." According to the suit, these anticompetitive practices harm Texas hospitals and Texas patients by raising costs and blocking innovative technologies.
In the lawsuit, Paxton alleged that Epic "exploits its control" over patient medical records to automatically hide children’s medication lists, treatment notes and provider messages from parents when their child reaches 12 years old.
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