Dear Dr. Fairley, What a great question! We believe that HIPAA allows this practice and in doing so, provides patient with privacy protections.
For nearly 2000 years physicians, nurses, and pharmacists (chemists) have comprised the "treatment" triad. And especially when treating substance abuse and addiction, it does take a community to provide a safe and therapeutic environment: whenever we remove a member of the treatment community from the process, errors and mistakes may increase and disease resolution may decrease. Within this context, the scenario that you describe (below) fits well within the bounds of sharing PHI for treatment purposes, and the involved providers will be beholden to the related HIPAA rules. I hope that this helps. Your questions are always welcome. Matt Matthew Rosenblum Chief Operations Officer Privacy, Quality Management & Regulatory Affairs http://www.CPIdirections.com CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011 (212) 675-6367 [EMAIL PROTECTED] CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute it. Please notify the sender by E-Mail at the address shown and delete the original message. Thank you. AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del individuo o la entidad a la cual se dirige y puede contener información privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicación por error, por favor no lo distribuya. Favor notificar al remitente del E-Mail a la dirección mostrada y elimine el mensaje original. Gracias. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Friday, October 31, 2003 3:54 PM To: WEDI SNIP Privacy Workgroup List Subject: is this practice O.K.? The practice that I am going to describe is quite common in our community but I am not sure it is acceptable. I wanted the opinion of the experts on this list. Occassionally, we run into a problem with a patient who seems to be doctor hopping and getting multiple prescriptions for narcotics. In order for the patient's principle physician to keep a close watch on the patient's use of narcotics and to avoid abuse/misuse of narcotics, the physician makes a deal with the patient. The deal is "ALL prescriptions for narcotics must be funneled through one doctor-the primary care physician." The patient usually agrees but then (and here is where I am not sure if we are infringing on privacy)we can send an "Alert" to all the area pharmacies to alert them that this deal occurred and if the patient shows up at one of the area pharmacies with a narcotic prescription from someone other than the primary care physician, the patient is told that they have an order that they can not fill the prescription unless it comes from the designated doctor. Is this practice acceptable? Do we need the patient's consent to notify all heighborhood pharmacies? Is verbal consent acceptable? Can the information be sent to the pharmacies without the patient's specific consent (that is, the patient consented to the arrangement that one doctor fills all narcotic prescriptions but the patient did not consent to the information being sent to all area pharmacies? ) Thank you Rich Fairley, M.D. --- 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: [EMAIL PROTECTED] 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 --- 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: [EMAIL PROTECTED] 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
