A recent congressional investigation has exposed that some of the largest pharmacy chains in the United States, including CVS Health, Kroger, and Rite Aid, have been sharing customers’ prescription records with law enforcement and government agencies without obtaining a warrant.

The investigation, spearheaded by Senator Ron Wyden (D-Ore.) and Representatives Pramila Jayapal (D-Wash.) and Sara Jacobs (D-Calif.), was prompted by the Supreme Court’s decision in the Dobbs v. Jackson Women’s Health Organization case, which effectively ended the constitutional right to abortion. That case led to concerns and discussions about reproductive health and privacy rights. The lawmakers sought to assess the impact of this decision on Americans’ health privacy, particularly as several states moved to criminalize abortion and restrict access to reproductive health services, The Washington Post reported.

While some pharmacy chains require legal reviews by their lawyers before disclosing customer information to law enforcement, the investigation revealed that CVS Health, Kroger, and Rite Aid permit pharmacy staff to release medical records to authorities within their stores without any legal oversight or warrant.

The eight pharmacy giants examined, including Walgreens Boots Alliance, Cigna, Optum Rx, Walmart, and Amazon Pharmacy, reported collectively receiving tens of thousands of legal requests annually.

According to the inquiry, three major pharmacy chains, CVS Health, Kroger, and Rite Aid, do not mandate their staff to consult with a lawyer prior to disclosing requested information to law enforcement. In contrast, the remaining five chains, namely Walgreens, Cigna, Optum Rx, Walmart, and Amazon, stipulate a legal review as a prerequisite before complying with such requests, The New York Times reported.

Patients’ prescription records contain highly sensitive and private information, including details about medical conditions, mental health treatment, and birth control prescriptions. The sharing of such personal data without stringent safeguards raises serious privacy concerns. The Health Insurance Portability and Accountability Act (HIPAA) governs health information exchange among “covered entities” like hospitals and doctor’s offices but offers pharmacies significant leeway regarding legal standards for disclosing medical records to law enforcement. This lack of consistent protection has left patients vulnerable.

In response to these findings, the lawmakers have urged the Department of Health and Human Services (HHS) to strengthen HIPAA regulations.

Photo by Alexandros Chatzidimos: https://www.pexels.com/photo/prescriptions-sign-on-a-drug-store-front-3652750/