IMS, SDI want Supremes to look at prescription data laws

Share this article:
IMS Health and SDI are seeking a Supreme Court review of a ruling that restricts the commercial use of prescriber data in the state of New Hampshire.

The companies filed a joint petition for a writ of certiorari —a Supreme Court review—of IMS Health vs. Ayotte, a federal appeals court case that overturned a district court decision allowing the commercial use of prescriber data. Both cases hinged on New Hampshire's Prescription Information Law (PIL), enacted in July of 2006. The PIL makes it a crime for a pharmacy, insurer, or similar entity to transfer or use prescription data for the purposes of “any activity that could be used to influence sales or market share of a pharmaceutical product.” 

IMS Health utilizes prescriber-identifiable data, or information that contains the identity of a prescriber. SDI uses de-identifed patient level data, or patient data that strips individual patient information such as name, address, and SSN (in accordance with HIPAA), but provides info about the patient's practitioner, pharmacy, product or payer, according to an SDI spokesperson. 

New Hampshire's PIL blocks IMS Health and SDI from gathering prescriber data from the state. That amounts to an abridgement of free speech, according to the petition. 

“The First Circuit's conclusion that the truthful, factual information…lacks First Amendment protection because of its commercial or medical context flies in the face of settled free speech principles,” the petition said. The Supreme Court is expected to decide whether it will take up the case before its summer recess in July.
Share this article:
You must be a registered member of MMM to post a comment.

Email Newsletters

MM&M Future Leaders


Register now

Early bird $1,950 before 31 October 2014

*Group discounts available on request 

MM&M EBOOK: PATIENT ACCESS

Patient access to pharmaceuticals is a tale of two worlds—affordability has improved for the majority, while the minority is hampered by cost, distribution and red tape. To provide marketers with a well-rounded perspective, MM&M presents this e-book chock full of key insights. Click here to access it.

More in Features

Headliner: HealthSpot's teleconnected CEO

Headliner: HealthSpot's teleconnected CEO

Steve Cashman, Founder and CEO, HealthSpot

Recruitment: The New Breed

Recruitment: The New Breed

What do healthcare agencies really want when it comes to potential employees? The answer to that question is in a constant state of flux, as technologies, clients' changing demands and ...

Read the complete September 2014 Digital Edition

Read the complete September 2014 Digital Edition

Click the above link to access the complete Digital Edition of the August 2014 issue of MM&M, with all text, charts and pictures.