IMS Health Inc. v. Mills

LYNCH, Chief Judge.

This case involves constitutional challenges to a Maine statute enacted to reduce health care costs and protect prescribers’ data privacy. In Maine and elsewhere, each time a prescription from a physician or other licensed prescriber is given to a pharmacy, the pharmacy obtains a number of facts that identify the prescriber. Data put together from multiple transactions involving the same prescriber reveal certain patterns and preferences, including her prescribing history, her choice of particular brand-name drugs versus their generic equivalents, and the likelihood she…