Prewritten scripts for email: State of FL trying to get prescription information
Below will be two different scripts you can use to email about protecting your private medical information from the state of FL. If this occurs in another state, the same letters can be used just change FL to whichever state you reside in or are emailing about.
One: Emailing the state
Hello, my name is (Put your name here) and I am a resident of the State of Florida. The news recently reported that the Office of Insurance Regulations (OIR) sent a letter to all insurance companies requesting all prescription information from 2024 to include names, date of birth, and the prescriber who wrote the prescription. It went on to say the OIR was wanting to look into billing practices to ensure pricing transparency.
First, this is an invasion of privacy and a complete disregard for the privacy laws we have in this country. According to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, the privacy rule protects "all individually identifiable health information held or transmitted by a covered entity, or its business associate in any form or media, whether electronic, paper or oral". Individually identifiable information includes past, present or future physical or mental health or condition; provision of health care to an individual; and past, present, or future payment for the provision of health care to the individual.
Secondly, if the state truly wants to look at billing practices of each insurance carrier, you do not need fully identifiable information to carry this out. Deidentified information (or as HIPAA calls it a limited data set) is information that cannot be directly tied back to a specific individual but allows an organization, in this case, the State of Florida, to complete a compliance review such as insurance billing practices.
Lastly, the lack of transparency from the state is troubling to say the least. Continuing to avoid questions into this matter and continuing to remain broad on what the state will do with the information is concerning. Obtaining private medical information from insurance companies without telling people why this information is necessary causes unease for those who take medications. It causes people to be unsafe and have concern for government overreach. In an article published by WESH2 News, the press secretary said "Any concerns about privacy implications should be addressed to the actual health care insurance companies that have had countless data breaches exposing millions of Americans' sensitive information" she continued "The Florida Office of Insurance Regulation has had zero data breaches, unlike the health care industry, which was known as the most breached sector in 2024." We are not concerned about outside people gaining access to the information but concerned about those within the State of FL government misusing and mishandling the information. As of now, no one has been able to justify why so much identifiable information is necessary for looking into billing practices.
The State of Florida, choosing to obtain fully identifiable information from insurance carriers as it pertains to the prescriptions filled in 2024 is a direct violation of the privacy laws in this country. We ask that you stop asking for unnecessary information and stay within the parameters of a limited data set to look into insurance billing practices.
Sincerely,
Two: Emailing your insurance company
Hello, my name is (Put your name here) and I am a resident of the State of Florida and you are the insurance carrier for my prescription medications. The news recently reported that the Office of Insurance Regulations (OIR) sent a letter to all insurance companies requesting all prescription information from 2024 to include names, date of birth, and the prescriber who wrote the prescription. It went on to say the OIR was wanting to look into billing practices to ensure pricing transparency.
First, this is an invasion of privacy and a complete disregard for the privacy laws we have in this country. According to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, the privacy rule protects "all individually identifiable health information held or transmitted by a covered entity, or its business associate in any form or media, whether electronic, paper or oral". Individually identifiable information includes past, present or future physical or mental health or condition; provision of health care to an individual; and past, present, or future payment for the provision of health care to the individual.
Secondly, if the state truly wants to look at billing practices of each insurance carrier, you do not need fully identifiable information to carry this out. Deidentified information (or as HIPAA calls it a limited data set) is information that cannot be directly tied back to a specific individual but allows an organization, in this case, the State of Florida, to complete a compliance review such as insurance billing practices.
Lastly, as my insurance carrier, I would expect you to protect my private medical information from those who are trying to obtain them without transparency of why they want the information. My fully identifiable information is none of anyone's business and I want to make sure I make it known that I have not given my consent for my information to be utilized in this way as it does not pertain to public health in anyway. As stated above, billing practices can be viewed for compliance without identifiable information.
If there is any information you are able to provide me, not only about this current situation but to ensure my privacy is being protected, it is appreciated. My private medical information is exactly this, private, and the State of FL does not have a right to knowing which medications I possibly take or who prescribes them to me. The only person who has the right to decide if this information is disclosed is me and no one else.
Sincerely,