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 Post subject: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Sun Jan 31, 2010 12:36 pm 
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Posts: 929
I posted a link to an article that included this elsewhere, but it's just too important not to highlight. I have gleaned since the start of this board (and earlier on MyWayOut) that many of us (including me) believed that prescription information was confidential unless it was obtained through an insurance plan. More than one person has posted about possibly going to a doctor and paying cash for the visit and the rx in order to avoid having this reported to an insurance database. Turns out, pharmacies report every rx and refill we purchase to a reporting agency.

Are online pharmacies next? I once had my credit card flagged after buying 120 tabs of naltrexone from River. I had to assure the credit card company that it was indeed I who placed an expensive order with a "Canadian" pharmacy. Customs clearly had opened that package, although the order arrived intact. Both of these incidents left me wondering whether I had caught the eye of Big Brother. I wondered what, if anything, was recorded somewhere.

I don't see anything that would allow credit card companies to report online pharmacy purchases to an agency. On the other hand, according to this report, U.S. pharmacy-purchase reporting was done in secret until 2007. So, who knows? And, if it's not being done now, it may change soon.

EDIT: The block quote below is from the following link: http://www.privacyrights.org/fs/fs8-med.htm#B

I don't know where exactly I'm going with this. But knowledge is power. So, here it is:

IntelliScript and MedPoint are databases that report prescription drug purchase histories to insurance companies. Like the MIB reports, IntelliScript and MedPoint reports are used primarily when consumers are seeking private health, life or disability insurance. Prescription drug databases can go back as far as five years, detailing drugs used as well as dosage and refills.

With a history of prescription drugs in hand, insurers may make assumptions about medical conditions and assess the risk of writing an insurance policy. Information in an IntelliScript or MedPoint report may prompt an insurer to deny coverage for certain conditions, increase insurance premiums, or deny coverage altogether. Such adverse actions by insurance companies trigger a sequence of consumer rights under the FCRA.

Until recently, use of prescription drug databases was unknown to consumers. Insurers' use of these databases first came to light in 2007 when the FTC sued Milliman, the owner of the IntelliScript database, and Ingenix, Inc., owner of the MedPoint database. http://www.ftc.gov/opa/2007/09/ingenixmilliman.shtm

The FTC claimed that the companies are consumer reporting agencies subject to the FCRA. Both cases were settled without the data brokers paying a monetary penalty, but Milliman and Ingenix agreed to follow the FCRA. This means, among other things, that consumers who apply for private insurance and are turned down because of something in an IntelliScript or MedPoint report are entitled to a copy of the report from their insurance company and an opportunity to dispute the accuracy of information in the report.

Individuals who have applied for individual health, life, or disability insurance may also request a copy of any prescription report directly from MedPoint or IntelliScript. Reports are available once a year whether or not there has been an adverse decision by an insurance company.

You can request a copy of your MedPoint report by calling (888) 206-0335 or writing to: MedPoint Compliance, Ingenix, Inc., 2525 Lake Park Blvd, West Valley City Utah 84120. Additional contact information can be found at http://www.ingenix.com/ContactUs/

IntelliScript reports are available by calling the toll-free request line at (877) 211-4816. Consumers will have to provide their full name, date of birth, last four digits of their Social Security number and current zip code. Milliman will provide a copy of any information the company has on an individual as well as the names of insurance companies that have requested a prescription history. The company's Web site includes information about the product as well as additional contact information. http://www.rxhistories.com/how_it_works.html

For more about medical information and your privacy, see PRC Fact Sheet 8, How Private Is My Medical Information?, http://www.privacyrights.org/fs/fs8-med.htm, and PRC Fact Sheet 8a, HIPAA Basics: Medical Privacy in the Electronic Age, http://www.privacyrights.org/fs/fs8a-hipaa.htm.


Last edited by lena on Sun Feb 28, 2010 10:41 am, edited 1 time in total.

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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Sun Jan 31, 2010 12:56 pm 
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Posts: 929
Okay, I've been reading more. According to this source, credit card info is not protected by HIPPA; it can be shared with third parties UNLESS WE OPT OUT. Opting out does not appear to be a fail-safe, but it is something we all can and should do to assert what rights we do have.

Here more important Fact Sheets for those who use their credit card to purchase online:

http://www.privacyrights.org/fs/fs8-med.htm#B

and

http://www.privacyrights.org/fs/fs24-finpriv.htm


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Sun Jan 31, 2010 7:38 pm 
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Joined: Sat Dec 26, 2009 10:38 pm
Posts: 45
Thanks for posting this, scary stuff.

In credit report they have disclaimer saying that things such as "payment to cancer center" are reported to financial institutions as "medical payment". At least as of now sharing individual credit card transactons does not seem to be common practice. You know, I pay with credit cards for the booze. Grocery stores must know I have a problem.


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Sun Feb 28, 2010 10:33 am 
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Bump.


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Wed Mar 03, 2010 12:47 pm 
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Joined: Wed Mar 03, 2010 9:40 am
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Okay, I am confused. I understand that I must opt out if I want to use an online pharmacy.

But how, exactly do I do that? How does one "opt out"??
Any help is appreciated.

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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Wed Mar 03, 2010 3:39 pm 
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Although "it's too late for me", I would also like to know how to opt out.

Bob

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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Wed Mar 03, 2010 5:30 pm 
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I dont know if this has any bearing on the discussion but a few times when I made different purchases from different countries my credit card company contacted me and when I queried it they told me that because the charge was coming form a differnt country to my other purchaces in the same period of time it would raise a flag and they would then question itin case my card had been stole or used frauduantly. I dont think it would nesserarly mean any thing sinister.


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Wed Mar 17, 2010 3:01 pm 
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Joined: Fri Dec 18, 2009 8:15 pm
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If you order from Canada or other overseas pharmacy, is it reported in the US?
Thanks.
NC1


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Thu Mar 18, 2010 1:08 pm 
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Mario -- You're right; I don't think it necessarily meant anything sinister. In fact, I appreciated the credit card company catching a single large purchase from a foreign country. My point was that they have the capability to be alerted to certain types of charges based certain criteria . At least in theory, there is nothing to stop a credit card company from providing information about our buying habits to these medical reporting bureaus.

That is why I've "opted out". Federal law allows banks and other financial institutions to provide certain otherwise-private information about us to third parties, such as other financial institutions. This information is used for targeted marketing of such items as credit card offers and home owner's insurance, and who knows what else. You are presumed to consent to this information sharing (read: selling) unless you opt out. Your bank is required to tell you how to opt out, but they bury that information in the other bunch of paperwork they throw at you.

I can't advise anyone else what they should do, but here's how I did it myself: I checked my bank's privacy policy online. I found it by searching "opt out". I learned it is my bank's policy not to sell my information to third parties. I did the same with all financial accounts and insurance policies, and followed the instructions. It's quite an education and worth the time.


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 Post subject: Re: MORE ON BIG BROTHER: YOUR RX INFO IS NOT CONFIDENTIAL
PostPosted: Sat Mar 20, 2010 10:32 pm 
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Joined: Fri Feb 06, 2009 9:27 am
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How is pharmacy reporting to anyone legal under HIPAA???

Unless you sign some sort of waiver or release, I don't think a pharmacy can share your prescription information with anyone unless it's necessary for your care or for billing purposes. A self-pay transaction would certainly not qualify.

Edit to the above: You DO sign a waiver. You sign it when you apply for health or life insurance. With that waiver in hand, the companies above can request your prescription records. Read my second-to-last paragraph below for the only potential bright spot in this story.

I don't have time to read all the regulations but they can be found at http://www.hhs.gov/ocr/privacy/

Here is an FTC complaint that outlines how their business works --> http://www.ftc.gov/os/caselist/0623190/080212complaint.pdf

Reading that I get the feeling that a self-pay wouldn't be reported. They get their info from pharmacy benefit managers. The role of Pharmacy Benefit Managers is described here --> http://en.wikipedia.org/wiki/Pharmacy_Benefit_Management. It looks to me that if you don't get your prescription covered by an insurance company you might be okay.

My suggestion would be to go to a small independent pharmacy and ask the pharmacist if they have a contract with either of these outfits.


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