Latest Developments in Interoperability Litigation
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What is the purpose of this episode and who are the key participants?
This episode of AHLA Speaking of Health Law is brought to you by AHLA members and donors like you. For more information, visit American Health Law.org.
I'm Mel Salise and I'm very glad to be moderating today's AHLA podcast on developments in interoperability litigation. Аби в баг, алфа Privacy and interoperability attorney, and I lead our firm's health data interoperability and technology practice at Coppersmith Brockleman in Phoenix, Arizona. And a significant part of my practice involves helping healthcare organizations, networks, and technology companies understand and operationalize federal interoperability requirements. And that work spans kind of the full technology lifecycle. We help clients design and deploy systems, we launch data governance frameworks, we draft and negotiate contracts. And when disputes arrive we help clients navigate dispute resolution and litigation.
Our conversation today is a follow up to the AHLA webinar we did in February. And in that webinar, we looked at what happens when disputes over health data exchange move out of the policy rooms and government processes into the courtroom. Um and since we were all together in February, the board has really moved. Um, a lot of cases have advanced procedurally. Many of them have sharpened the legal theories and some have raised some really tough questions about things like network governance, data privacy, downstream uses of the data, technical access, and really the practical realities of exchanging health information. Nationally and at scale. So the point of today's discussion is to not turn every listener into a docket watcher like Brendan.
Um the point is really to step back. and ask what these cases are teaching us as the healthcare community. Uh what legal theories are gaining traction, what theories appear more fragile. How are courts translating these information blocking concepts into these traditional litigation frameworks? Is it working? And most importantly, what does this all mean for providers and payers, for networks, for EHR vendors, and for the technology innovators and disruptors who are trying to make data exchange work without becoming the next cautionary tale? So I'm gonna moderate today's discussion. But I'll also add some legal framing along the way. We only have about an hour, so we're gonna move briskly because there's a lot to talk about.
And I'm gonna start with introductions, um, and then I'll set the stage with a quick kind of litigation map, and after that we'll move into our discussion with the panelists. And I'm joined by two very smart people who bring exactly the right mix of legal, technical, operational, and market perspective to this conversation. And first is Brendan Keeler. Uh Brendan is the interoperability practice lead at HTD Health. He's also the author of Health API Guide, where he has been tracking these interoperability disputes with I think it's fair to say a very rare combination of technical depth, market awareness and very readable commentary. Uh it's it's legal adjacent commentary, but mercifully um not written like a legal brief.
And Brendan has really worked with a wide variety of stakeholders across the interoperability ecosystem. Uh he spends a lot of time thinking about what actually happens when policy meets the real world. So, Brendan, thank you for being here. Um and we're also joined by Amy Baggy Smith. Amy is currently general counsel and head of regulatory affairs at Arcadia. Previously, she served as general counsel, chief privacy officer, and VP of regulatory affairs at Zoo. Zeus health? Um, and there she built and really led the legal and privacy functions and worked very deeply on interoperability policy, TEFCA and CMS aligned network issues. Uh, Amy brings a particularly important perspective to our discussion today um because many of the issues that we're talking about were not theoretical for her.
Uh they directly and continue to directly affect the organizations she's working for and led. So Amy, uh thank you for being here.
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Chapters
8 chapters
1
What is the purpose of this episode and who are the key participants?
0:05–7:27
2
How have recent interoperability cases changed the legal landscape?
7:27–15:35
3
Which legal theories are gaining traction in interoperability litigation?
15:35–21:11
4
What are the most influential cases (RTMS, Particle, Cure, etc.) and their outcomes?
21:11–28:17
5
How are national frameworks like TEFCA and CMS Aligned Networks impacted by these lawsuits?
28:17–35:11
6
What practical challenges do providers and payers face with network governance and dispute resolution?
35:11–42:35
7
What advice should technology innovators and smaller startups follow in this litigious environment?
42:35–48:36
8
What are the key takeaways and next steps for the health‑care industry moving forward?
48:36–53:13
Speakers
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