Healthy Skepticism Library item: 15257

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Publication type: media release

Patient Prescription Privacy Protected in National HITECH Act
Washington Coalition for Prescribing Integrity 2009 Mar 10

Full text:

Washington State’s HB 1493 efforts to raise awareness of the issue resound on national level

Olympia, WA-The enactment of the national Health Information Technology for Economic and Clinical Health Act (HITECH) includes sections to protect patient prescription privacy by closing a little-known loophole in HIPAA that currently allows the purchase of patients’ names and prescription information for marketing purposes by associates of drug companies.

This is the loophole that Washington state’s HB 1493, sponsored by state Rep. Jamie Pedersen, aimed to remedy at the state level. National legal experts have advised that the HITECH Act privacy protections will close the loophole. Representative Pedersen has concluded that due to the federal action on patient privacy there is no longer a need to proceed with similar state legislation.

The HITECH Act is part of the American Recovery & Reinvestment Act of 2009, now P.L .111-5, approved by President Obama in February.

Working with the stakeholder group, Washington Coalition for Prescribing Integrity (WCPI), a broad coalition of medical and consumer organizations, Pedersen has worked to close the loophole in HIPAA privacy law. This legislative session he introduced the Patient Privacy Act of 2009, HB 1493, which would broadly prohibit the sharing, selling, or using of patient-identifying information to market prescription drugs to patients in Washington state. The bill enjoyed strong bipartisan support, passed the House Committee on Health Care & Wellness and was on its way to the House floor before Pedersen decided not to pursue it, in light of the federal action. Through the efforts of WCPI, public awareness of the issue grew, and resulted in extensive media coverage locally, nationally, and even internationally.

“We are thrilled that the work of WCPI and the leadership of Representative Pedersen have helped to bring national attention to the shortcomings of HIPAA, paving the way for the Obama administration to take the necessary steps to strengthen patient privacy for all Americans,” said Dr. Rupin Thakkar, a pediatrician and co-chair of the Washington Coalition for Prescribing Integrity.

“Patients should have the right to protect their personal medical information from being shared without their knowledge or consent,”
continued Dr. Thakkar. “The passage and enactment of the HITECH Act will protect the confidentiality of the patient-doctor relationship and protect patients from possible harm.”

According to Rep. Pedersen, advocacy efforts here in Washington state played a role in facilitating action on this issue at the national level. Pedersen said: “We have been talking about this issue for a year now, when almost no one else was. I’m happy to see that we raised its profile and action was taken. As federal officials implement the rule, we will closely monitor the process to ensure that they adequately protect the privacy of patient information.”

The United States Department of Health and Human Services must revise its rules to reflect the new policy by January 2011.

About the Washington Coalition for Prescribing Integrity (WCPI):
WCPI is a state project of Community Catalyst’s Prescription Project.
Funded by the Pew Charitable Trusts, the Prescription Project seeks to eliminate conflicts of interest created by industry marketing by promoting policy change through state and national level solutions.

Contact: Leigh Sims, 206-528-2550, ext. 7, leigh@teamsoapbox.com