Brendan Keeler
speaker
156 appearances
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1 series
first heard Jun 2026
last heard 23 Jun
Brendan Keeler’s voice in public audio — every appearance, attributed to the second.
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AHLA's Speaking of Health Law · Latest Developments in Interoperability Litigation · 23 Jun 2026
podcast
Well, thank you for that uh intro and uh and for setting the table here.
Um the one I'm most excited about, because we really haven't seen the decision, is that Vine versus Henry Schein um preliminary injunction decision.
For months in the lead up in Q1 of this year, the judge was signaling I'm going to rule at least partially in favor of Henry Schein, the EHR, the largest dental EHR.
HR um
and say that there was sort of this hacking that occurred, uh that Vine had overstepped and and as a result, it seemed like information blocking would, you know, as the the pattern we've been seeing from real-time medical um into scare and these other cases might be taking might be hedged in a bit.
Uh but then all of a sudden in in May, maybe it was April, we see this uh you know, the the judge actually said, No, well wait, we're gonna split the baby, we're gonna uh say that the read access, well, that was um
That might be that that was something that shouldn't have been blocked.
Uh and so I don't think he'll he still has to, you know, issue the the full decision, but I don't think it'll be so clean as read is good and write is bad.
I do think it'll come down to some of the practicalities of mind doing.
really um wonky things in terms of taking passwords and root credentials and and things like that to override information blocking for the right portion.
We've seen regulators already um
Posit via guidance and the HTI5 proposed rule that right, right is included in information blocking.
But in this case, Bine over may have overridden that because the exceptions were valid for the right piece of the equation.
Um so it's super fascinating.
It'll it'll set a lot of precedent, it'll certainly um also set influence things in terms of
Um
Henry Schein being an EHR or being an actor rather, right?
They were a certified EHR, one of the three classes of actors under information blocking, and then removed themselves from the certification program.
And so in order to be for information blocking to apply here.
The judge must find s them to be an actor in some way.
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