I can tell you that there have been three state court cases in 2002 that
ruled that law enforcement can use pharmacy records to make arrests of
individuals who fake prescriptions or sell their prescription drugs. In
those cases, the state courts ruled that the records sent by pharmacies to
state regulators could be used by law enforcement, thus avoiding the need
for subpoenas and due process.
So the issue gets bigger.
Regards,
Dennis Melamed
Editor
Health Information Privacy Alert
703.704-5665

-----Original Message-----
From: Mimi Hart [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 15, 2003 4:17 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: Here is a good Privacy Issue that will cause problems


My gut feeling tells me "huge issue"...I don't know if there is
something in public health law that would state that it is being done in
the best interests of the patient and is therefore okay.....hopefully
one of the lawyers on the group will weigh in. MIMI

Mimi Hart ӿ�*
Research Analyst, HIPAA
Iowa Health System
319-369-7767 (phone)
319-369-8365 (fax)
319-490-0637 (pager)
[EMAIL PROTECTED]

>>> "Rebekah Savoie" <[EMAIL PROTECTED]> 01/15/03 02:53PM >>>
Today, a clinic that I work with received a letter from a local
pharmacy
about a patient that was a "Drug Seeker" as we call them.  Over the
course of 30 days he had been to several doctors and several
pharmacies
and received over 350 total pills all a controlled substance.

What happens to the pharmacy's ability to do these types of things
under Privacy?

Clearly, pharmacist were communicated information back and forth to
each other and to physicians on this person.  They even sent letters
to
all physicians in the area.

Problem? yes or no

Rebekah Savoie, CCS-P
Healthcare Consultant

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