In a recent probe of pharmacies’ privacy practices launched by congressional Democrats, it has been discovered that the largest pharmacy chains in the US provide patients’ prescription records to law enforcement upon request without requiring a warrant. This revelation has raised concerns over health privacy and surveillance, especially in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade in the Dobbs v. Jackson Women’s Health Organization case, which stated that the US Constitution does not guarantee the right to an abortion and that the matter should be decided by the states.
Since the Supreme Court ruling, 14 states have banned abortion at all stages of pregnancy, with some exceptions, and two others have banned abortion once a fetal heartbeat is detected, typically around six weeks of gestation. Pro-choice advocates are now worried that law enforcement agencies in states where abortion is criminalized may request pharmacy records to determine if a woman is prescribed certain medications such as the abortion pill mifepristone.
Leading the effort to address this issue, Senator Ron Wyden (D-OR) has written a letter to the Department of Health and Human Services (HHS) Secretary Xavier Becerra, along with Representatives Pramila Jayapal (D-WA) and Sara Jacobs (D-CA). The letter highlights that “each year law enforcement agencies secretly obtain the prescription records of thousands of Americans without a warrant.” The lawmakers emphasize that Americans’ prescription records are highly personal and sensitive, as they can reveal details about a person’s life, including prescriptions for birth control, depression or anxiety medications, or other private medical conditions.
The nation’s seven largest pharmacy chains, CVS Health, Walgreens Boots Alliance, Cigna, Optum Rx, Walmart Stores, Inc., The Kroger Company, and Rite Aid Corporation, all participated in briefings regarding this issue, along with Amazon Pharmacy. All of them admitted to sharing records with law enforcement without requiring a warrant, and most do not inform customers about such demands, despite being legally permitted to do so.
Among the participating pharmacy chains, Amazon, Cigna, Optum Rx, Walmart, and Walgreens stated that they require legal professionals to review law enforcement requests before responding. However, CVS, Kroger, and Rite Aid indicated that their staff face pressure to immediately respond to law enforcement demands, leading them to process those requests in-store.
In response to the findings, CVS stated that their processes are consistent with the Health Insurance Portability and Accountability Act (HIPAA) and suggested the consideration of a warrant or judge-issued subpoena requirement to strengthen patient privacy protections. Walgreens also claimed to have a compliant process to assess law enforcement requests and expressed their willingness to work with Congress to enhance privacy protections. Amazon Pharmacy, on the other hand, said that requests from law enforcement are rare and that they notify customers prior to disclosing health information, as long as there is no legal prohibition.
Democratic lawmakers are now urging HHS to tighten regulations under HIPAA, ensuring that the warrantless release of medical records by pharmacies comes to an end. They believe that stricter regulations are necessary to safeguard Americans’ privacy and protect sensitive medical information.
It is important to note that the pharmacy chains CVS, Walgreens, Cigna, Optum Rx, Walmart, Kroger, and Rite Aid have not yet responded to requests for comment from FOX Business.
