It certainly seems so. The latest HIMSS/Phoenix survey of HIPAA adoption, taken in June, continues to make waves. (See update at the bottom of this post.) Health Data Management continues the drumbeat with the story, "Some Choose to Not Comply with HIPAA."

Top
roadblocks to compliance, survey respondents said, were the lack of
public relations or marketing problems anticipated with noncompliance,
and no anticipated legal consequences for not complying.

The poor support for standard transactions required by HIPAA does not bode well for EMR interoperability.