Caremark Reportedly Shares Confidential Prescription Information to Steer Business to CVS Pharmacies


Privacy Rights Clearinghouse (PRC) has persistently challenged the health care industry’s improper use and disclosure of confidential medical information, which in many instances is used to market new or additional medication to patients. PRC has become aware that Caremark, a CVS owned company and one of the country’s largest pharmacy benefit managers (PBMs), is improperly sharing prescription information with CVS to steer pharmacy patients to CVS pharmacies.

Comments to Health and Human Services: Privacy and Security Rule Modification


The Heath Information Technology for Economic and Clinical Health (HITECH) Act of 2009 calls for certain changes to previously issued HHS rules regarding privacy of individuals’ medical records (the Privacy Rule), security of electronic health records (Security Rule), and enforcement of the security and privacy provisions (Enforcement Rule). The current rule proposal encompasses the HITECH modifications for all three HIPAA rules.

Disclosure Accounting: Comments Submitted to the U.S. Department of Health and Human Services, Office for Civil Rights


 In adopting the final HIPAA Privacy Rule (Privacy Rule) in 2003, OCR included a section outlining a patient’s right to receive an accounting of protected health information (PHI) disclosures. As adopted, however, the Privacy Rule includes many exceptions to the kinds of data that must be included in an accounting, one of which is that an accounting need not tell patients about disclosures made for treatment, payment, and healthcare operations.

Comments to Department of Health and Human Services re Breach Notification for Unsecured Protected Health Information


The Privacy Rights Clearinghouse (PRC) appreciates this opportunity to comment on the Department of Health and Human Services’ (HHS or Department) interim final rules regarding breach notification to individuals in the event of unauthorized use and access of protected health information. The rules, issued in coordination with the Federal Trade Commission (FTC), are mandated by Section 13402 of the Health Information Technology for Clinical Health (HITECH) A

Online Personal Health Records: Are They Healthy for Your Privacy?


A personal health record (PHR) is a tool for collecting, tracking, and sharing information about your health.  Because medical records are among the most sensitive type of personal information, we at the Privacy Rights Clearinghouse have some concerns about PHRs. PHRs may not necessarily be private and may not be secure, despite what the hosting site tells you.

What Is HealthVault? Things to Think About Before You Participate


HealthVault is Microsoft's new service for storing, managing, and accessing a patient's medical information. www.healthvault.com  It operates as an online encrypted service.  The service offers a voluntary opportunity for medical records to be collected by aggregating information from various sources including health-care providers, insurance companies, and compatible medical devices (such as blood pressure monitoring devices).

Pharmacies Profiting At Your Expense: Your Help Is Requested


The Privacy Rights Clearinghouse (PRC) has been in the forefront in asserting that pharmacies -- and their marketing partners, the big pharmaceutical companies -- act improperly when using the medical information in customer prescriptions to mail letters or call customers in order to sell more drugs.

If this happened to you or someone in your family, please let us know.  It could be very helpful to the outcome of the lawsuit.

Comments on HHS Request for Information: Voluntary Storage of Personal Data in Preparation for Emergencies


The notion of a 21st Century vault for storing personal data for emergency use has a great deal of initial appeal. However, just below the surface lurk multiple concerns about the ability of any existing system -- or even one that could be constructed -- to ensure the public has adequate data privacy and security.

For a Complete Medical History, Compile Your Own Health Records but be Cautious about Storing Them Online


If you don't already keep a personal health record, now is the best time to start. Do not rely on your ability to go back in time to collate a complete medical file. The longer you wait, the more difficulty you may have in obtaining older health records.

Comments to Federal Agencies Regarding the Use of Personal Medical Data by Financial Institutions


When it comes to privacy, consumer expectations and fears are most elevated for sensitive data included in medical records. A major concern is potential secondary uses of medical information. For example, a consumer may understandably be concerned that a medical condition could adversely affect the ability to get a job or a mortgage. In recent amendments to the Fair Credit Reporting Act (FCRA), Congress acted to address the discriminatory use of medical information in credit transactions.

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