Communications About Epic Software Under the ONC Communications Rule
Last Updated: June 11, 2021
The 21st Century Cures Act and the “Communications Rule” at 45 CFR 170.403 protect open communication about specific health IT subjects like usability, performance, and patient safety. As a first step before making any communication about Epic software, carefully review the text of the Communications Rule.
The Communications Rule applies to communications about Epic’s certified applications within the specific subject areas listed in Section 170.403(a)(1) of the Communications Rule. You can find a current list of Epic’s software applications certified under the Office of the National Coordinator’s Health IT Certification Program at https://www.epic.com/mu. Regardless of whether an Epic application is certified, we encourage you to share a reasonable amount of information directly with others – colleagues, friends, family – about how Epic software works, as long as you’re not sharing information publicly (such as via social media or on YouTube) or with someone who is developing, is planning to develop, or is helping others improve a competitive product.
If you do want to share something publicly – an article, a blog post, a TV show, etc. – about Epic software, it’s your responsibility to make sure it fits within the Communications Rule (including that any screenshots are only about certified applications) and these guidelines, or is approved by Epic in advance. We also ask you to let us know about your publication ahead of time as a courtesy (ContentSharing@epic.com).
These guidelines do not apply to communications that are entitled to unqualified protection under Section 170.403(a)(2)(i) of the Communications Rule.
Use of Screenshots and Video of Certified Applications
A communication may include screenshots or video clips of Epic software. In this case, the communication needs to meet the following requirements from the Communications Rule:
- Don’t alter any screenshots or video, other than to annotate or resize them;
- Don’t share more screenshots than needed to make the communication;
- Use video only if doing so is necessary to address temporal matters that can’t be communicated in another form;
- Limit video clips to the shortest duration needed to communicate the message. For example, you can show how long it takes on your system to go from one screen to the next, but you don’t need to show twenty screen transitions if they all take about the same amount of time; and
- Only show screens and functionality that are part of certified applications. In certain versions of Epic software, you can determine what components of a screen are part of certified applications by right-clicking the application banner shown on the top-right portion of Hyperspace. This will display information about the activities that are visible on that screen, including which application they are part of. Some screens (e.g., reports) include more complex combinations of application functionality, so we encourage you to contact us for guidance on what’s certified if you’re not sure (ContentSharing@epic.com).
Fair Use
Your use of information about Epic software in communications should fit within the principle of “fair use.” Fair use is a concept under U.S. copyright law that permits you to use copyrighted works in certain ways without obtaining a license from a copyright holder. Not everything is fair use, though. Here are factors that weigh in favor of and against a finding that a use is fair use. You should talk to your legal counsel if you’re not sure.
| Supports Fair Use | Doesn’t Support Fair Use |
| Primarily for an educational or non-profit purpose | Primarily for a commercial or profit-making activity |
| Is informational in nature | Leads to creation of derivative works or directly competitive products |
| Is a specific, one-time need | Is systematic or repeated |
| Use is narrowly tailored to the purpose of the communication | Use is broader than necessary |
| Materials used are available to the general market | Involves unpublished materials |
| Uses a small or ancillary portion of the work | Goes to the “heart” of the work |
Trade Secrets
Some portions of communications you want to make could include Epic’s trade secrets. Trade secrets should be removed from Epic materials you want to communicate about. Using trade secret information in a communication would be an impermissible disclosure of Epic’s intellectual property and wouldn’t be protected. Examples of Epic’s trade secrets are:
- Our proprietary data schema
- Source and object code
- Proprietary algorithms and machine learning
- Proprietary risk scoring and report logic
- Private program service calls (including certain Epic-developed APIs)
- Proprietary implementation, training, and support methodologies
Other Things You Shouldn’t Share
If we provide you with information about unreleased software, please leave that out of your communications. The Communications Rule doesn’t apply to that information until we actually release the functionality.
In addition, don’t share information about non-user-facing aspects (e.g., back-end functions) of our software. This type of information isn’t necessary for the types of communications listed in the Communications Rule and would get a little too deep into the “guts” of our system.
The Communications Rule applies to communications about Epic software, not direct access to Epic software. You shouldn’t grant direct access to Epic software to anyone unless your agreement with Epic permits it.
