Local, Privately Owned Pharmacy Closed, and ALL Records/Rxs Transfered to Chain. HIPAA Violation?

by Donna
(Maryland)

Transfer of Medical Records/Files/Rxs to New Pharmacy

Transfer of Medical Records/Files/Rxs to New Pharmacy

My local, private pharmacy closed. No notice was given to customers/patients prior to the closure. The pharmacy owner took it upon himself to transfer everyone's private pharmacy records to a nearby WalGreens - without anyone's consent. This was part of a deal to transfer the records, hire the RPH (owner) for a period of time at WalGreens, to the profit of the RPH. How can this be legal, and not a violation of HIPPA rules and regulations?

Thanks.

Comments for Local, Privately Owned Pharmacy Closed, and ALL Records/Rxs Transfered to Chain. HIPAA Violation?

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Sep 23, 2022
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Legal Basis?
by: Anonymous 2

I'm not sure what the legal support is for the conclusion that it is not a violation of HIPAA. Clearly there was no notice nor consent prior to the sale of the records in a purely commercial transaction. The appearance of a violation could have been vitiated by notice before the transfer so that either informed consent or implicit consent would exist.
My guess is that the amount paid by Walgreens was based on the number of records sold, with the understanding that most would not bother to transfer their records after they were already at Walgreens but more would if given sufficient notice before the transfer.
If legal support could be offered for the conclusion of no violation that would be helpful.

Aug 20, 2012
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Out of business Community Pharmacy
by: Anonymous

Actually when your community pharmacy went out of business Walgreens "purchased" the files from the community pharmacy. In other words they bought him out and he probably only will need to work for them for a year or two. yes it is legal but you have the right to have your prescriptions transferred to the Pharmacy you want. You are not obligated to stay with Walgreens.

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