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SCOTUS rule that Big Pharma's right to buy your med records overrules doctor-patient confidentiality

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RyanPsych Donating Member (354 posts) Send PM | Profile | Ignore Fri Jun-24-11 01:09 PM
Original message
SCOTUS rule that Big Pharma's right to buy your med records overrules doctor-patient confidentiality
2007, the state of Vermont passed a law forbidding the data mining of prescription drug records (i.e., which drugs are being prescribed and how frequently) for marketing purposes. But earlier today, the Supreme Court ruled that the Vermont law interferes with drug makers' right to free speech.

The law had been intended to protect the privacy of doctors and patients, but six of the Supremes said Big Pharma's right to hone its marketing pitches is more important. Writes Justice Kennedy for the majority:

Speech in aid of pharmaceutical marketing... is a form of expression protected by the Free Speech Clause of the First Amendment... As a consequence, Vermont's statute must be subjected to heightened judicial scrutiny. The law cannot satisfy that standard.

Justices Breyer, Bader Ginsburg and Kagan dissented.

http://consumerist.com/2011/06/supreme-court-says-data-mining-of-prescription-drug-records-is-free-speech.html

What...the...f**k?! :wtf:
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:15 PM
Response to Original message
1. People have less rights than a corporation has
pathetic country we live in today... fascism
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City Lights Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:16 PM
Response to Original message
2. The United States of America...a nation of, by, and for the corporations. nt
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arcane1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:21 PM
Response to Original message
3. I'm free to "speak" about my next-door neighbor, too
but I'm not free to read his diary in order to know what I'm speaking about.

This is fucked up.
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kath Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:22 PM
Response to Original message
4. And Sotomayor voted FOR it.
Jeebus H. Christ.
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CrossChris Donating Member (641 posts) Send PM | Profile | Ignore Fri Jun-24-11 01:35 PM
Response to Reply #4
8. I had a feeling Soutermayor would often vote against the party of the Pres. who nominated her
I think she was payback to the BFEE for Souter.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 03:13 PM
Response to Reply #4
18. Like 0, Sotomayor was a corporate lawyer.
Edited on Fri Jun-24-11 03:22 PM by ooglymoogly
Expect nothing but corporate crap from this court and any other supreems 0 appoints.
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Jack Rabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:23 PM
Response to Original message
5. This is as silly as Justice Field's use of the Fourteenth Amendment
Justice Stephen Field, the godfather of corporate personhood, used the Fourteenth Amendment in all sorts of ways to benefit artificial persons once it was established that Standard Oil and Southern Pacific were just like you and me. The Fourteenth Amendment was made a part of the Constitution to make freed slaves citizens. No freed slave benefited as much from the Fourteenth Amendment as did nineteenth century robber barons.
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Wounded Bear Donating Member (665 posts) Send PM | Profile | Ignore Fri Jun-24-11 01:33 PM
Response to Original message
6. An attack on doctor-patient privacy.....
is an attack (or at least a presage of an attack) on Roe v. Wade.
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geardaddy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:35 PM
Response to Original message
7. WTF, indeed.
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Mz Pip Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:36 PM
Response to Original message
9. the definition of speech keeps expanding
I do not see how data mining is an anyway "speech." How is poking around in private records speech?
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:45 PM
Response to Original message
10. I'll write more later when I have time....
...I saw this in action when healthcare IT companies negotiated with hospitals for this data.



Free speech my ass.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:47 PM
Response to Original message
11. Wrap your head around this for a minute
Big Pharma does NOT have to handle these medical records with the same care that your physician does. They are NOT mandated to do so.

What this REALLY means.

What meds do you take?

What meds do you take that you don't want your employer to know about?

Guess what? They will have access to that information now because ANYONE that believes that these records won't be put into a database...because really...why aren't they just requiring the doctors to input confidential data about the meds he is prescribing into a computer? WHY do they need the names of the patients?

Why, indeed.

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global1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 02:10 PM
Response to Reply #11
14. Next Up - Who Will Big Pharma Sell This Info To?.......nt
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 02:27 PM
Response to Reply #14
16. The highest bidder...it's the American Way! Life, auto and health insurance companies
would LOVE to have this info.

Your employers.

Hell--even your creditors.

This is an INSANE interpretation of this law, by design, I am sure.

Wonder how much SCOTUS got for this.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:48 PM
Response to Original message
12. The Great Experiment
Has failed...due to the greed!
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 01:50 PM
Response to Original message
13. Fine. Vermont should pass a new law forbidding doctors from giving drug records to drug companies.
Edited on Fri Jun-24-11 01:52 PM by w4rma
In fact, it would seem that this is already illegal, since doctor-patient confidentiality prevents doctors from telling others about their patients medical problems and drug companies can not be trusted with this information.
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 02:11 PM
Response to Original message
15. Wonder if the public will demand the right to buy the trade secrets of major corporations?
:shrug: :patriot:
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 02:33 PM
Response to Original message
17. It's too bad we don't have the means for a revolution, because we've long passed the justification
for one.

For decades, the pukes have said that government is the enemy.

Thanks to them and their Dem enablers, it's now true.
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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 10:40 PM
Response to Original message
19. Odd.
The way it's usually been presented is that the patient information is stripped out of the records.

"Big Pharma" gets prescriptions, minus the patient information, and the name of the doctor who wrote the script. That's handy marketing information.

Protecting patient confidentiality would be an easy enough law to uphold, even for SCOTUS. Banning saying that Dr. Smith prescribes these 30 drugs, in these quantities, with this frequency? A bit harder of a row to hoe, per SCOTUS.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-24-11 10:42 PM
Response to Original message
20. the bu$h* less than supreme court will be fucking us over for many years to come
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 06:00 AM
Response to Original message
21. Alright, here's my view on - and experience with - this topic.
When I was working on behalf of hospitals and other care providers, I spent a lot of time pouring over the details of contracts associated with IT vendors (Cerner, Siemens, GE Medical, Meditech, Epic, etc.). In the early 90's I noticed a new trend - a clause allowing the IT vendor to sell prescription data, patient identifiers removed. When I pushed back I was surprised at how important this was to the vendor. Their postition seemed to be "forget removing the clause, let's talk about other concessions instead?" What could this mean? Only one thing: The vendors were getting paid good money for this data.

Next question: Why?


Let's start with the myth that this is somehow going to make personal medical information known to corporations who may abuse their access. In my experience the data mining of prescription records by pharma never included patient identifier information. Could patients possibly be identified and that information shared with employers? Sure.

But if you're worried about employers getting access to your health records, this is not your major threat.

The claims that your provider submits include all your identifier information, every procedure you had, every med prescribed, your diagnosis and additonal information about your condition and treatment. And guess who receives that claim - your insurance company who is likely a "partner" with your employer. In many cases they have the right to examine your medical record. Remember that HIPAA clause about releasing information needed to support your claim? You signed that before you got treatment.

But I'm on Medicare or Medicaid, you say. My claim is paid by the government. Too bad, these programs outsourced claims processing to BIG INSURANCE (Blue Cross in many States). They have your data. So do a handful of other processing services.

Are they bound to protect this data and not use it improperly. Yes. But as James Madison said, "If all men were angels, we wouldn't need government".



So what is the downside to Big Pharma mining this data? Simple: Bad medicine.

Essentially they're looking for potential markets for their products. If none of the eleven doctors at your clinic prescribe product X for condition Y, then let's get our eye candy in there with lunch, toys and anything else that will make these doctors see the benefits of prescribing our product.

Sorry, did I say "eye candy"? I didn't mean to offend anyone working in pharmaceutical marketing, but my observations over 30+ years shows that at least one of these marketing reps is ALWAYS an attractive female. ALWAYS. (I notice these things.) Lunch is first class too.

There's been more of a crackdown on this type behavior, but the practice continues. Physicians (and their familes) are enticed to "educational conferences" that are mere product pitches. Palm Springs would be a ghost town without these "conferences".


Your physician should be prescribing based on "evidence-based medicine", that is to say, therapies and treatments that have been proven to work, not what is simply well-marketed.

Another widely-used practice is for clinics to have a small pharmacy inhouse, and fill prescriptions right there before the patient leaves. Convenient for the patient. Also profitable for the doctor, who gets a small commission on each sale, unlike prescriptions filled elsewhere. Hey! The more prescriptions I write, the more money I make, even if the patient doesn't need the med! Quick, more script pads!!!

If we had a Medicare for All, and Medicare purchased the meds, the temptation for physicians to prescribe for other than the best reasons would be eliminated. Just one more problem with the for-profit health insurance model.

Here's a timely article on the topic...

http://www.jsonline.com/watchdog/pi/124524374.html




Sorry about the delay in posting, I wanted to have enough time to write something cogent.



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