A Federal Judge in New Hampshire struck down a state law that banned the commercial use of provider-identifiable prescription information, finding that it “unconstitutionally restricted speech without directly serving the State’s substantial interests.”
Judge Paul Barbadoro, who presided over the trial in early February, said further in a written opinion that “alternatives exist that would achieve the State’s interests as well as or better without restricting speech.”
The judge ruled in favor of IMS Health and Verispan LLC, two leading health information companies, which jointly filed a lawsuit seeking to prevent the State from enforcing the statute that went into effect in June 2006.
“We are very pleased with the Judge’s decision, and there are no losers in the outcome of this trial,” said Robert H. Steinfeld, IMS senior vice president and general counsel. “Patients will benefit from a more transparent, safer and more competitive healthcare system as a result of this ruling.”
Legislative challenges to the free flow of provider-identifiable data are not a new development. Over the years, more than a dozen states have considered – and rejected – legislation comparable to New Hampshire’s.
“We know some states are still considering legislation modeled on the New Hampshire law,” Steinfeld said. “This important decision by Judge Barbadoro clarifies that the Constitution protects the dissemination of provider-identifiable information, which is also vital to ensure patient safety and improve healthcare quality.”
New Hampshire is the only state in the US to pass a law restricting the use of provider-identifiable information.