[privacy] Judge Overturns Maine Law on Rx Data

["Richard M. Smith" <rms () computerbytesman com>]

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/22/AR2007122200
850_pf.html
 
Judge Overturns Maine Law on Rx Data


The Associated Press
Saturday, December 22, 2007; 2:14 PM


BANGOR, Maine -- A federal judge has ruled that a new Maine law making
doctors' prescription-writing habits confidential violates the Constitution.

U.S. District Judge John Woodcock concluded that the law, which was
scheduled to take effect Jan. 1, would prohibit "the transfer of truthful
commercial information" and "violate the free speech guarantee of the First
Amendment."

The law had been challenged by IMS Health of Norwalk, Conn., Wolters Kluwer
Health of Conshohocken, Pa., and Verispan of Yardley, Pa., which collect,
analyze and sell medical data to pharmaceutical companies, government
agencies and researchers.

The companies said the law would prevent the health care community from
monitoring the safety of new drugs. Backers of the measure say it is one of
several new laws passed by Maine legislators that aim to address high health
care and prescription drug costs.

In a 42-page decision issued Friday, Woodcock said he relied heavily on an
April 30 ruling by U.S. District Judge Paul Barbadoro in New Hampshire that
shot down a similar law in that state. A similar case is also pending in
Vermont.

The primary sponsor of Maine's legislation, Democratic Rep. Sharon Treat,
said she was disappointed with the ruling and anticipates an appeal.

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