On January 23, 2020, in United States Federal Court, the judge struck down several provisions being utilized and abused by “HITECH” requesters:

As stated in the Memorandum Opinion, the court (1) declares unlawful and vacates the 2013 Omnibus Rule insofar as it expands the HITECH Act’s third-party directive beyond requests for a copy of “an [EHR] with respect to [PHI] of an individual . . . in an electronic format,” 42 U.S.C. § 17935(e); and (2) declares unlawful and vacates the 2016 Guidance insofar as it, without going through notice and comment, extends the Patient Rate to reach third-party directives.