Monday, September 30, 2013

Government Gives Law Enforcment Access to Medical Records

By Eric Wade



               A Michigan Bill passed in 2002 and amended in 2011, was passed to set up a prescription monitoring system that tracks the dispensing of medication and the patents receiving the medication. What looks like a safety net for the pharmacies also serve as a way for law enforcement to look at private medical records.

                In section 333.7333a of Michigan legislation it states that Veterinarians and Pharmacist dispensing prescription drugs must enter into a data base the identification of patients, the drug prescribed, dosage and when and who prescribed the drug.

                Written into the law under section eight it states that law enforcement, officers of the court and state agencies may use the information for investigation and prosecution.

                Pharmacies are required to obeyed by Health Insurance Portability and Accountability Act laws, as stated by the Journal of the American Pharmacists Association. HIPAA laws require patients information kept private.

                HIPAA laws do not allow records given to government agencies.

                “No. The Rule does not require a physician or any other covered entity to send medical information to the government for a government database or similar operation.” The U.S. Department of Health & Human Services said, “This Rule does not require or allow any new government access to medical information.”

1 comment:

  1. Has anyone tried to fight this as this is in direct conflict with HIPAA laws?

    ReplyDelete