Congressional Review Finds Pharmacies Providing Info to Police Without Warrants

“Each year law enforcement agencies secretly obtain the prescription records of thousands of Americans without a warrant.” This shocking sentence was part of a letter sent to the Secretary of the Department of Health & Human Services sharing “concerning findings from a recent oversight inquiry into the privacy practices of pharmacies related to law enforcement demands for patient records.” The letter, written by Senator Ron Wyden (D-OR) and signed by 2 other members of Congress, seeks to have Health Insurance Portability and Accountability (HIPAA) rules revised better to protect patient records from warrantless searches by law enforcement.

An investigation was launched last June, examining how 8 pharmacy chains handle requests from law enforcement. The chains included CVS Health, Walgreens Boots Alliance, Cigna, Optum Rx, Walmart, the Kroger Company, Rite Aid, and Amazon Pharmacy. The results were startling and included the following:

• Three pharmacies (CVS Health, the Kroger Company, and Rite Aid) fail to require legal review before submitting patient records to law enforcement.
  • Executives at the 3 pharmacies told congressional investigators that pharmacy staff face extreme pressure to comply with law enforcement demands immediately, so the companies tell their staff to process such requests in the store.
• None of the 8 pharmacies require a warrant before sharing patient records.
• Amazon was the only pharmacy that notified patients when it shared records with law enforcement.

While HIPAA does not specifically require a warrant for the procurement of patient records, Senator Wyden’s letter argues that more should be done. “HHS can, and should, do much more to protect patient data and push for far more transparency when pharmacy records are disclosed. But pharmacies share some blame, as they are fully within their legal rights to notify customers, and have, thus far, mostly chosen not to do so. Proactively notifying customers about any patient record disclosures to law enforcement that impact their medical records, except where prohibited by a non-disclosure or “gag” order issued by a judge, would be a major step forward for patient transparency.” The letter also asks HHS to revise the HIPAA rule’s process for disclosure of records. “Americans deserve to have their private medical information protected at the pharmacy counter and a full picture of pharmacies’ privacy practices, so they can make informed choices about where to get their prescriptions filled,” wrote Senator Wyden. “Americans’ health records deserve the greatest degree of protection available in law,” concluded the letter.

Reference

Jacobs W, Jayapal P, Wyden R. HHS pharmacy surveillance letter. US Congress. Published December 12, 2023. Access January 25, 2024. https://www.documentcloud.org/documents/24215917-hhs_pharmacy_surveillance_letter_signed