Rx Data Mining Laws - What's Happening in Pharma
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Laws Restricting Data Mining of Physician Prescribing Records
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19-Sep-2014 -
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An overview of the evolving changes on data mining laws in Pharma.
Transcript of Rx Data Mining Laws - What's Happening in Pharma
Laws Restricting Data Mining of Physician Prescribing Records
Outline
• State Governments’ View of Data Mining• Other Views on Physician Prescribing Information• How Will Pharmaceutical Companies Adapt in the Future?
State Governments’ View of Data Mining
Since 2006, there has been a movement in the Northeast to attempt to restrict access to physician prescribing information
J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
June 2006: New Hampshire prescribing law is passed
June 2007: Vermont governor signs bill into effect that limits prescribing information
November 2008: Federal appeals court overturns lower court ruling on New Hampshire law
August 2007: IMS files lawsuit against Vermont
August 2010: Federal appeals court upholds constitutionality of Maine law
April 2007: New Hampshire law restricting prescribing information is overruled
June 2007: Maine law signed into effect January 2008
December 2007: Maine court rules that law violates free speech
May 2009: Vermont law upheld in court
J F M A M J J A S O N D
2006 20082007 2009 2010J F M A M J J A S O N D
Reasons why states believe restricting prescribing information is important
Sales force may negatively influence the way physicians practice medicine
Third-party access to prescribing data endangers the privacy of doctors
Help stop “harassing sales practices” and “restrain undue influence”
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Data Mining
Generic Branded
costs
costs
State governments hope to reduce healthcare costs by restricting physician prescribing information
Maine law may provide example for other states
• Maine’s goal is to reduce healthcare costs
• Doctors can choose whether or not to release their information– Currently, 265 doctors have chosen
not to release their prescribing information
• Federal appeals panel upheld the constitutionality of the law
• Similar New Hampshire law was upheld last summer
20 additional states are now considering similar laws
Other states have created laws to protect the prescribing information of physicians
New Hampshire
Maine
Vermont
Other Views on Physician Prescribing Information
Physician prescribing information offers many benefits to physicians and consumers
Innovation
Samples and Lifesaving Medication
Safety InformationNews Alerts
Monitoring Off-label Use
Reduced Costs
Data Mining
Data mining companies aim to reduce healthcare costs and use the information to benefit physicians and patients
Targeted Sales Force
Some physicians feel data mining is helpful and useful
“Information can be presented to me about products that are no longer the best option for my patients.”
“I can receive more samples that will benefit my patients.”
“Sales representatives can provide me with information about products that are relevant to my practice and patients.”
“I’m able to receive safety information and news alerts about the products that pertain to me and my patients.”
Other physicians feel they need to be protected from data mining
“Sales reps intrude on my practice armed with personal information.”
“My prescribing habits are between me and my patient.”
“They pressure me into writing branded scripts.”
“It intrudes on the way I practice medicine.”
How Will Pharmaceutical Companies Adapt in the Future?
Pharmaceutical companies must find new ways to target physicians
Sales Call
Low Tech
High Tech
Physicians PrescriptionsData Mining
Sales Reps
E-detailing
Pharmaceutical companies will have to adapt to data mining laws
Restricting physician prescribing information will affect the way pharmaceutical companies advertise
GE IM FM RHU PG 0
4,000,000
8,000,000
Top 5 Prescribers of Anti- inflam-matory products
Specialty
Scrip
ts
Data Mining
Segmentation
Concept
It will be harder for pharmaceutical companies to research and develop campaigns to target physicians without access to their prescribing information
Campaigns
Sales Force
Pharmaceutical Company
Summary
Summary
• State governments want to reduce healthcare costs by restricting access to physician prescribing records
• Many physicians are unaware that their prescribing information is available, and those who do know are divided in their opinions
• Data mining companies believe physician prescribing records reduce healthcare costs and benefit physicians in numerous ways
• If more states limit data mining, pharmaceutical companies will have to adapt to either high-tech or low-tech methods
• The way pharmaceutical companies advertise will be affected
If you’d like to find out more or have some interesting insight into this evolving topic to share, please contact –
Mike MyersPresident, Palio
Sources
Sources
• United States District Court, District of New Hampshire: Plaintiffs’ Statement of Facts in Support of Trial Memorandum
• Health Blog: Should Doc’s Prescribing Habits Be for Sale?– <blogs.wsj.com/health>
• Bloomberg Business Week: The Fight Over Drug Data Mining• http://pn.psychiatryonline.org/content/44/11/3.1.full• http://www.firstamendmentcoalition.org/2010/08/1st-circuit-maine-
can-restrict-prescription-info/• http://www.asi-solutions.com/getpage_pdr.asp?contentid=108• http://www.cohealthcom.org/
