Calderon, A Recipient Of Industry Donations, Says That ‘Marketing Or Sales Pitches’ Would Be Barred
Privacy concerns have been raised about a bill moving through the California Legislature that would let pharmacies partner with drug companies to send out letters reminding patients to refill their prescriptions.
Senate Bill 1096 by Sen. Ron Calderon, D-Montebello, is sponsored by a medical information company facing an invasion of privacy class-action suit that alleges some practices the legislation would make legal.
The bill recently cleared the Senate with 21 votes, the minimum needed to pass it to the Assembly, after Calderon assured colleagues that it would protect confidentiality.
State and federal laws prohibit the sale of confidential medical information to pharmaceutical companies or any other entity or individuals. Patients must give their consent before their medical record are traded or sold.
Calderon, who has received more than $21,000 in campaign contributions from pharmaceutical companies and pharmacy chains, said his bill does not allow "marketing or sales pitches."
"(SB 1096) merely seeks to clarify current law that prescription compliance program reminder letters are not marketing," Calderon said in the Senate debate.
His legislation, he said, would help patients remember to take their medications, improve their health and reduce health care costs.
Calderon said reminder programs have proved beneficial in states that have significantly higher prescription compliance rates than California for diseases ranging from diabetes to high blood pressure.
The main sponsor of SB 1096 is Adheris Inc., a Massachusetts company that has been named in class-action lawsuit in San Diego Superior Court.
The suit was filed on behalf of patients who allege their privacy was breached when they received letters from the company encouraging them to buy more medication or switch to an alternative prescription drug made by the same drug company.
Privacy advocates allege SB 1096 would open the door for pharmaceutical companies to promote their products in the guise of reminder letters.
"The bill sponsor is a marketing company employed by drug manufacturers to increase the sale of prescription drugs," Jerry Flannigan of Consumers Watchdog said in a prepared statement.
Daniel Rubin, chief executive officer of Adheris, said "the lawsuit has no merit." He also rejected allegations his company advertises drug products.
The purpose of SB 1096, Rubin said in an e-mail, is to improve patient adherence to medical treatment.
"Patient non-adherence to chronic medication therapy contributes to increased hospitalization, unnecessary medical procedures and poor patient outcomes," he said.
Under California’s Confidentiality of Medical Information Act, pharmaceutical companies cannot send direct mailings to patients.
State law allows pharmacies to do so, provided patients give consent, but does not allow pharmaceutical companies to pay for the mailings.
SB 1096 would remove the consent provision and instead require patients to "opt out" of receiving prescription reminders.
It also would let pharmaceutical companies pay for the mailings, but require pharmacies to disclose that if they were compensated for the mailings.
"That’s what this is about — allowing pharmacies to increase their marketing," said Jeffrey Krinsk, an attorney who is representing plaintiffs in the San Diego lawsuit.
Contact the author, Aurelio Rojas, Bee Capitol Bureau, at: (916) 326-5545 or [email protected]
