By: Greg Piper | Just the News
Oracle and Epic control nearly two-thirds of electronic health records market, and “may be enabling – or even reinforcing – restrictions on parental rights through the way these systems are marketed and customized for clients,” Do No Harm warns.
As parents fight school districts in the courts to disclose when their children express gender identity at odds with sex, allied with a transgender child psychologist who has repeatedly urged judges to clue in parents, they face a lesser known roadblock to transparency about their children’s health: electronic health record systems that lock them out.
A report by medical advocacy group Do No Harm said “it appears that healthcare systems are using sexually transmitted infections, mental health concerns, and drug and alcohol exceptions” in the Health Insurance Portability and Accountability Act’s privacy regulation “to remove parental access to their child’s entire medical record – well beyond the limits of the law.”
The report speculates that hiding so-called social transitions and other gender-affirming interventions are “possible catalysts for many of these proxy access policies,” which withhold from parents the medical notes from adolescents’ doctor visits, among other categories.
Epic and Oracle Health, which together control nearly two-thirds of the hospital EHR market in the U.S., are leading the way in facilitating the concealment of gender-affirming practices for adolescents, according to the report, which gives case studies from EHR systems in both red and blue states.
EHR vendors “may be enabling – or even reinforcing – restrictions on parental rights through the way these systems are marketed and customized for clients,” Do No Harm director of programs for gender ideology Michelle Havrilla and medical director Kurt Miceli wrote.
Just the News asked each company whether the design of their EHR systems could induce customers to make unlawful decisions. A 9th U.S. Circuit Court of Appeals precedent against a roommate search engine stripped its statutory liability shield for requiring users to state preferences in violation of antidiscrimination law.
“Epic does not determine parental access to children’s medical records” but simply provides options to customers in every state, a company spokesperson told Just the News.
“Because state and local laws vary, our software is highly configurable so that our customers can meet their specific compliance requirements,” the emailed statement reads. “Decisions about parental access to children’s medical records are not made by Epic. These decisions are made by our customers.”
Oracle, whose 2022 acquisition of Cerner created Oracle Health, announced “next-generation EHR” using “AI-fueled intelligence that is contextual and conversational” this summer.
The company is close to the White House by way of founder and Executive Chairman Larry Ellison, a major President Trump ally and Republican donor. His son David Ellison leads the newly merged Paramount Skydance, granted FCC approval after Paramount settled Trump’s lawsuit alleging deceptive editing by “60 Minutes,” a news program by CBS whose parent company is Paramount Global.
Oracle is also a new part-owner of a TikTok spinoff and will control its algorithm in the U.S., enabled by Trump’s constitutionally questionable delays of the congressional ban on the Chinese-owned social media app, upheld by the Supreme Court days before his inauguration.
Oracle corporate and Oracle Health spokesperson Misti Preston did not answer queries.
Longstanding Supreme Court precedent gives parents the authority to make medical decisions for their children, including for mental health-related conditions such as gender dysphoria, except in narrow circumstances.
U.S. District Judge Roger Benitez certified a class-action suit against California’s so-called gender secrecy practices in public schools last month. He earlier denied motions to dismiss by saying the “significant, adverse, life-long social-emotional health consequences” that can flow from social transitioning legally require parental involvement.
Do No Harm’s report echoes the judge’s language. “Adolescents simply do not have the cognitive capacity to make these difficult decisions” about medical care, such as a 13-year-old visiting the emergency room for a broken bone, without parental notification.
Asked whether the group was accusing EHR providers or hospitals of unlawful conduct, Miceli told Just the News that restricting parental access “beyond what federal and state laws permit undermines both parents’ responsibilities and their legal rights as their child’s designated personal representatives.”
He cited what Texas Attorney General Ken Paxton called a “first-of-its kind agreement” with Austin Diagnostic Clinic last month to stop restricting parental access to their children’s EHRs at age 12, giving parents “full, real-time access” except for portions “specifically restricted by state or federal law.”
READ THE FULL ARTICLE AT JUST THE NEWS
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