America’s eight largest pharmacy providers shared customers’ prescription records to law enforcement when faced with subpoena requests, The Washington Post reported Tuesday. The news arrives amid patients’ growing privacy concerns in the wake of the Supreme Court’s 2022 overturn of Roe v. Wade.
The new look into the legal workarounds was first detailed in a letter sent by Sen. Ron Wyden (D-OR) and Reps. Pramila Jayapal (D-WA) and Sara Jacobs (D-CA) on December 11 to the secretary of the Department of Health and Human Services.
Pharmacies can hand over detailed, potentially compromising information due to legal fine print. Health Insurance Portability and Accountability Act (HIPAA) regulations restrict patient data sharing between “covered entities” like doctor offices, hospitals, and other medical facilities—but these guidelines are looser for pharmacies. And while search warrants require a judge’s approval to serve, subpoenas do not.
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Given each company’s national network, patient records are often shared interstate between any pharmacy location. This could become legally fraught for medical history access within states that already have—or are working to enact—restrictive medical access laws. In an essay written for The Yale Law Journal last year, cited by WaPo, University of Connecticut associate law professor Carly Zubrzycki argued, “In the context of abortion—and other controversial forms of healthcare, like gender-affirming treatments—this means that cutting-edge legislative protections for medical records fall short.”
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Robin Edgar
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