Bill Gurley publicly alleged regulatory capture benefiting Epic Systems through the 2009 HITECH Act's EHR incentive program
Sep 15, 2023In a widely-circulated September 2023 All-In Summit presentation titled '2,851 Miles,' Benchmark general partner Bill Gurley laid out a case that the 2009 HITECH Act - a $38 billion federal program paying doctors up to $44,000 plus a further $17,000 'meaningful use' bonus to adopt electronic health record (EHR) software - was structured to disproportionately benefit Epic Systems. He noted Epic CEO Judith Faulkner was the sole corporate representative on Obama's Health IT Policy Committee and a major Obama donor, and alleged that federal compliance thresholds were set to match Epic's existing feature set while the Department of Justice levied large fines ($155M, $57M, and $145M) against Epic's smaller competitors. Gurley presented this as a case study in how incumbents can capture health-tech regulation to entrench market position.