Monday, August 10, 2009

Secondary market for prescriptions: a privacy-repugnant transaction

The information on your drug prescriptions, including your name, can be bought and sold, reports Milt Freudenheim in the NY Times: And You Thought a Prescription Was Private

"... prescriptions, and all the information on them — including not only the name and dosage of the drug and the name and address of the doctor, but also the patient’s address and Social Security number — are a commodity bought and sold in a murky marketplace, often without the patients’ knowledge or permission.
That may change if some little-noted protections from the Obama administration are strictly enforced. The federal stimulus law enacted in February prohibits in most cases the sale of personal health information, with a few exceptions for research and public health measures like tracking flu epidemics."
...
"Selling data to drug manufacturers is still allowed, if patients’ names are removed. But the stimulus law tightens one of the biggest loopholes in the old privacy rules. Pharmacy companies like Walgreens have been able to accept payments from drug makers to mail advice and reminders to customers to take their medications, without obtaining permission. Under the new law, the subsidized marketing is still permitted but it can no longer promote drugs other than those the customer already buys. "

Loss of privacy, particularly medical privacy, is a negative externality to some transactions that is increasingly seen as making them repugnant.

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