RE: Here is a good Privacy Issue that will cause problems

[Drexler, Deborah (EHS)]

 

It's sounds logical that a person loses privacy rights when they break the law.  But I'm not sure the assertion is supported by the language of the rule.  Certainly, there is an exception for disclosures to law enforcement, but this exists whether or not the person broke the law.  And inmates have fewer privacy rights, but you could break the law without actually getting incarcerated.  But other than that, I think your assumption is incorrect.  Perhaps I'm missing something?

 

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 16, 2003 3:05 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: Here is a good Privacy Issue that will cause problems

Yes and no. First, they are breaking the law when they doctor-shop for
narcotics. Secondly, who is responsible for report this to law enforcement?
The question comes up, how did you know the individual went to different
pharmacies? were you told by the same chain of pharmacies? Usually it will be
tracked by the PBM when multiple pharmacies are being used. That's why our
organization wants to control narcotics OTC. Oxeycontin is usually a long
term medication for severe pain and should be provided mail (where there are
systems in place to catch this kind of misuse). It is a red flag when
narcotics are being prescribe OTC.  With regard to what should happen; the
PBM should write letters to all physicians that prescribe this narcotic to
the individual in question, making them aware of the manufacturers protocol
and the total number of pills being prescribed -- this is done as a matter of
post utilization review for OTC drugs.
The question is who has the responsibility to report this to the authorities?
I believe under your scenario, the individual has lost the right to privacy
once they break the law.
Please correct me if I am wrong in my assumptions.
Thanks, Robert

Robert Blinch-Edwards
Executive Director
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