From: Leslie C Bender [mailto:[EMAIL PROTECTED]] Sent: Wednesday, January 15, 2003 4:04 PM Subject: RE: Here is a good Privacy Issue that will cause problems
There is a similar fact pattern in a federal reported decision in United States v. Sutherland (Virginia federal court case, a little over a year ago). In the Sutherland situation a law enforcement official was seeking prescription records from physicians/pharmacies to prosecute an individual who was alleged to have violated narcotics laws. The court ruled that in that particular situation that individuals' health privacy rights are not "absolute" and in certain situations may have to yield to greater public safety or policy situations. It would seem that were the pharmacy to enlist the assistance of law enforcement personnel section 164.512 may kick in and "permit" PHI disclosures. Leslie C. Bender ROI WebEd Company 1922 Greenspring Drive, Suite 7 Timonium, Maryland 21093 -----Original Message----- From: Rebekah Savoie [mailto:[EMAIL PROTECTED]] Sent: Wednesday, January 15, 2003 3:53 PM 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 --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: archive@mail-archive.com To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
