U.S. Judge Repeals Maine Law Prohibiting Access To Prescribing Information

Main Category: Litigation / Medical Malpractice
Also Included In: Health Insurance / Medical Insurance;  Public Health
Article Date: 03 Jan 2008 - 5:00 PDT

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U.S. District Judge John Woodcock last week overturned a Maine law that would have restricted medical data companies' access to physician prescribing information, the AP/Wall Street Journal reports (AP/Wall Street Journal, 12/24/07). Lawsuits were filed by Connecticut-based IMS Health, Pennsylvania-based Wolters Kluwer Health and Verispan. The companies were seeking to block Maine from enforcing its law, which was set to take effect Jan. 1.

According to the complaints, the law was unconstitutional and violated the First Amendment by prohibiting the transfer of legally obtained information and the 14th Amendment by impeding interstate commerce. The complaint also said the law went against a national trend toward greater health care transparency. A similar law in New Hampshire was overturned in April 2007 by U.S. District Judge Paul Barbadoro, who ruled that it placed unconstitutional restrictions on free speech (Kaiser Daily Health Policy Report, 8/31/07).

In his 42-page decision, Woodcock wrote that the law would prohibit "the transfer of truthful commercial information" and "violate the free speech guarantee of the First Amendment." Woodcock also cited the April 2007 ruling by Barbadoro.

Maine Assistant Attorney General Thomas Knowlton said Attorney General Steven Rowe (D) is "disappointed by the judge's conclusion," adding, "We obviously believed the New Hampshire statute is very different than Maine's." Maine state Rep. Sharon Treat (D), who sponsored the law, said she anticipates an appeal of the decision (AP/Wall Street Journal, 12/24/07).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation© 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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