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Prescriptions and Privacy
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  Most of the country employs an electronic prescription registry, where doctors and pharmacists can learn instantly which prescriptions you have, who wrote them, and where and how often they get filled. Many in medicine and law enforcement say these registries significantly reduce prescription drug abuse, but New Hampshire is one of the few states that has resisted, as libertarians and other privacy advocates say government has no business collecting and sharing such deeply personal information. We’ll look at the debate and see if a prescription drug registry could be on its way to New Hampshire. Guests
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The drug registry sounds good but will this lead to even more doctors being afraid to prescribe pain killers to people that need them? I understand that some doctors are afraid to prescribe end of life medication because of the Feds going after doctors writing lots of prescriptions even if they should be writing them and there is no abuse.
Rep Kurk seems to be grasping for an argument which seems responsible- against providing personal information to law enforcement. This a simple case of the good of the many.
Of course, I don’t want anyone to know which prescriptions I take.
(One of my prescriptions is considered a controlled substance, so I would be subject to any additional scrutiny which may arise.)
We are talking about an attempt at preventing tragic drug deaths, especially deaths of kids, high school or college-aged kids. A single, potential life saved is far more important than my vanity or risk of embarrassment.
Once again, we refuse to discuss treatment and prevention. Kids who shop for and sell prescription drugs are coming out of a society that does not value families and children. They come from inadaquately funded schools and society that privileges the bottom line and corporate growth over families, education, recreation, rest, free time, health, wellness, prevention and treatment.
Wouldn't this be a violation of HIPAA?
This is a common question. HIPAA contains limited exceptions such as disclosures for the purpose of treatment, disclosures where required by law (like gunshot wounds and child abuse under NH law), disclosures for healthcare oversight, and disclosures to law enforcement in the course of an investigation. PMPs qualify as health oversight agencies and are therefore exempt from HIPAA. 38 states have PMPs or passed legislation to implement them, so potential conflicts like one with HIPAA have been thoroughly addressed. Each state's legislation includes severe penalties for inappropriate access or disclosure of PMP information -- in the NH legislation, the penalty was a felony.
Who would monitor the information collected? Due to our complicated healthcare system, my insurance provider is now firmly inserted into the relationship I have with my care-giver. This is a troubling outcome, as trends in data are now the driving force which can affect my access to healthcare.