[ Friday, December 07, 2007 ]


Something to Watch: The state of Vermont has a law on the books that seems to require pharmacies to identify to police the names of patients who order certain pain medications (basically trying to stop the oxycontin/hydrocodone illegal trade). The State Police have said they'd only ask for names if a specific investigation is ongoing; however, at least one state pharmacist was asked for the names of all his patients receiving the specified drugs, and he refused to hand it over "unless they get a court order."

Under HIPAA, if state law requires the release, that overrides HIPAA's protections. If state law authorizes it, you may have to look at the "partial preemption" issue, where HIPAA preempts state laws that are less protective of privacy.

Jeff [11:51 AM]

Comments: Post a Comment
http://www.blogger.com/template-edit.g?blogID=3380636 Blogger: HIPAA Blog - Edit your Template