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.

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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.


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