On June 23, 2011, in a 6-3 decision, the United States Supreme Court ruled in IMS Health Inc. v. Sorrell that a Vermont law that prohibited the sale of prescriber-identifiable data to drug companies was an unconstitutional violation of the First Amendment right to free speech.

Continue Reading Supreme Court Strikes Down Vermont Prescriber Privacy Law

Thomas Julin, partner at Hunton & Williams LLP, discusses the Sorrell v. IMS Health litigation in an interview with Fred Cate, Senior Policy Advisor of the Centre for Information Policy Leadership. Mr. Julin represents IMS Health in the case, which concerns the constitutionality of a Vermont law prohibiting pharmacies from selling prescriber-identifiable information to third parties.

Continue Reading Supreme Court Hears Oral Argument in Sorrell v. IMS Health

On January 1, 2010, two important state data security and privacy laws took effect in Nevada and New Hampshire.  The laws create new obligations for most companies that do business in Nevada and for health care providers and business associates in New Hampshire.Continue Reading Nevada and New Hampshire Data Security and Privacy Laws Take Effect

New Hampshire recently enacted legislation restricting the use and disclosure of protected health information (“PHI”). As of January 1, 2010, health care providers and their business associates will be obligated to notify affected individuals of disclosures of PHI that are allowed under federal law, but are prohibited under the New Hampshire statute.

The New Hampshire law requires health care providers and their business associates to (i) obtain authorization for the use or disclosure of PHI for “marketing” and (ii) offer individuals an opt-out opportunity for the use or disclosure of PHI for fundraising purposes. In addition, it prohibits the disclosure of PHI for marketing (even with an authorization) or fundraising by voice mail, unattended facsimile, or through other methods of communication that are not secure.Continue Reading New Hampshire Law Gives Consumers Greater Control Over Non-Medical Uses of Protected Health Information