Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Online Exclusive:</b> New Hampshire Medical Privacy Law Challenged
IMS Health Inc. and Verispan LLC filed a lawsuit in U.S. District Court, seeking a stay of New Hampshire's new privacy law. The law, which went into effect on June 30, bans the collection, distribution, and sale of individual doctors' prescription information by pharmaceutical companies or their agents. It affects only prescriptions written by physicians, not by other medical professionals such as nurse practitioners.
Details on which medicines a doctor prescribes, and to which types of patients, and for which purposes, is widely collected today. Companies such as IMS Health and Verispan are consultants to pharmaceutical manufacturers, which use the information to identify usage trends and possible new uses of drugs.
'The language of health care is data,' said Randolph Frankel, IMS vice president of public affairs, in a press statement. 'It's really the way in which scientists and people in medicine understand the nuances, the probabilities, the impacts of what they do.'
But opponents say that the level of collection goes far beyond what is necessary to support research. They say that the data collection is used by pharmaceutical firms to develop marketing programs targeting certain doctors and/or certain medications, thus resulting in both a loss of patient privacy and, potentially, over-prescription of medications.
New Hampshire's law is unique, but privacy advocates say that other states will likely follow the state's lead. The head of the New Hampshire Medical Society told local media outlets that his organization supports the law, and he said he has been contacted by colleagues in Maine, Vermont, New York, Nevada, and Arizona.
Details on which medicines a doctor prescribes, and to which types of patients, and for which purposes, is widely collected today. Companies such as IMS Health and Verispan are consultants to pharmaceutical manufacturers, which use the information to identify usage trends and possible new uses of drugs.
'The language of health care is data,' said Randolph Frankel, IMS vice president of public affairs, in a press statement. 'It's really the way in which scientists and people in medicine understand the nuances, the probabilities, the impacts of what they do.'
But opponents say that the level of collection goes far beyond what is necessary to support research. They say that the data collection is used by pharmaceutical firms to develop marketing programs targeting certain doctors and/or certain medications, thus resulting in both a loss of patient privacy and, potentially, over-prescription of medications.
New Hampshire's law is unique, but privacy advocates say that other states will likely follow the state's lead. The head of the New Hampshire Medical Society told local media outlets that his organization supports the law, and he said he has been contacted by colleagues in Maine, Vermont,
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?