'Data Mining' For Drug Companies Goes To Courts

Maine state Rep. Sharon Treat, D-Hallowell, head of a national group of lawmakers following drug issues, said the data-mining companies' "bread and butter" is selling the information to drug companies to bolster their marketing efforts.

The more that doctors are urged to use expensive drugs rather than generics, the less money there is to spread around to deliver the most health care to the most people, Treat said. She argued that's a bad idea when many states are cutting people from public and subsidized health programs in budget-cutting moves.

The data companies, IMS Health Inc. and SDI, argue that restricting the data collection and use violates their and the drug companies' First Amendment free speech rights to collect and use the information.

But the Boston court rejected the First Amendment argument, saying the issue was less a matter of speech than of conduct. In both that court and the U.S. District Court in Vermont, judges ruled that commercial speech can be regulated without violating the First Amendment, and that what the data-mining companies were doing fell into that category.

Treat concurred that "this isn't about speech. They're trying to change behavior" — the behavior of health providers in deciding which kinds of drugs to prescribe.