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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I've been a pain management patient 20 years I've

Customer Question

I've been a pain management patient for over 20 years I've had 17 surgeries and multiple accidents. As a result them on chronic pain medicine and have been for the past 15 to 20 years. The current Pharmacy that I'm using and have been for at least the past 5 to 7 years as well as probably five years prior to that for personal medications from other doctors for antibiotics in miscellaneous like that. As well as the doctor who is prescribing the medication I have been seen for approximately the last 10 years. My question is suddenly the pharmacy or pharmacist has requested medical reports as to why the doctor is prescribing the pain medication that he is and for what reason. The pharmacy told me they refused to fill my medication until they received the report from my doctor. When I contacted my doctors office and told them this they seem to kind of shocked and said they've never been asked for medical reports from the pharmacy before. Therein lies my question is it legal or is it against my HIPAA rights for the pharmacist or Pharmacy to require my doctor's office to provide them with medical reports on my condition in order to get medication I live in Southern California regards Donald
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is not illegal or against HIPAA for the pharmacy to ask for the information. The state and DEA are getting strict with those receiving pain medications for chronic pain, so doctors are drug testing patients and pharmacies are verifying the necessity for the narcotics for their records in case audited by DEA. However, most pharmacies require only a summary from the doctor validating the prescriptions. There is no law regulating what they can ask for. The pharmacy is not prohibited by law from asking for it and you have a right to refuse to provide it, but they can refuse to fill your prescriptions and make you fine a new pharmacy to do business with.