[Ip-health] Bill proposed to close prescription data loophole

[Joana Ramos]

FYI, a news article published today in the Seattle Post-Intelligencer,
on a bill introduced in our  Legislature this week to prohibit the
purchase and sale of patients' prescription data for marketing
purposes.  Direct-to-patient -marketing,  an  intrusive practice beyond
DTCA,  has become a  subspecialty industry in the USA, after changes to
HIPAA  in 2003 made the practice possible nationwide.

The Washington Coalition for Prescribing Integrity (WCPI)  is comprised
of  consumer, provider, and healthcare reform groups, and is a project
of Community Catalyst's Prescription Project (
www.prescriptionproject.org <http://www.prescriptionproject.org/>).

For more information, including a packet of background materials on the
issue prepared by WCPI, please contact me privately.

Joana Ramos, MSW
Director
Washington Coalition for Prescribing Integrity
Seattle, WA
206-229-2420
warxreform@gmail.com

---------------------------------------------------------

Bill proposed to close prescription data loophole

By VANESSA HO
P-I REPORTER

Many patients assume their prescription history is confidential, but a
loophole in a federal privacy law is allowing pharmaceutical marketing
companies to contact consumers with targeted, promotional campaigns.

It goes like this: You're about to run out of your medication when you
get a friendly call or letter reminding you to refill your prescription.
But the reminder soon becomes a pitch encouraging you to try a new,
often costlier medication.

"(The letters and e-mails) are couched as being of service to the
patient, but in reality they're marketing newer, more expensive drugs --
without the patient's doctor having any idea that this marketing pitch
is being done," said Rupin Thakkar, a pediatrician in Edmonds and
co-chairman of the Washington Coalition for Prescribing Integrity.

To fight this, Rep. Jamie Pedersen, D-Seattle, and others have
introduced House Bill 1493 to close the loophole. Advocates say the
change would protect thousands of patients at no cost to taxpayers.

"It creates a lot of confusion," Thakkar said. "When these phone calls
come in, patients assume -- rightfully -- that their prescriptions are
private. They assume this message must be coming from their doctor or
pharmacist."

Because health care providers are not part of the tactics, the potential
for danger is great, he said.

One Seattle woman who used the generic version of Allegra recently
received a letter (with coupons) suggesting that she try Allegra-D,
which contains pseudoephedrine, a drug that interferes with one of her
health conditions.

A woman in Bellingham got a call at home from a prescription benefits
manager -- another type of loophole exploiter -- encouraging her to
switch to a generic, less-expensive form of her medication.

When the woman called her doctor, the doctor advised against the switch,
saying the generic brand would not adequately treat her symptoms,
advocates said.

Doctors worry most about patients with chronic conditions, who often
need to take a lot of meds, making them more vulnerable to marketing and
drug-switching campaigns.

Thakkar said the companies are exploiting a 2003 loophole in HIPAA, the
Health Insurance Portability and Accountability Act.

Previously, the law specified people who could share patient
information, such as pharmacists, doctors and insurance agents.

But the Bush administration added the vaguely coined "business
associates" to that group, with the caveat that the shared information
had to relate to "patient care." To fulfill that obligation, the
"associates" simply include a reminder to refill a prescription.

"The sharing of prescription information for marketing purposes without
consent violates the spirit of privacy law and destroys the
confidentiality of the doctor-patient relationship," said Leigh Sims, a
spokeswoman for the coalition behind the bill.

HIPAA allows states to pass stronger privacy protections. To survive, HB
1493 must pass out of committee by Feb. 8.


P-I reporter Vanessa Ho can be reached at 206-448-8003 or
vanessaho@seattlepi.com. Read the P-I's health blog at
blog.seattlepi.com/healthreport.