I took me a while and I finally got around to reading more in detail and the more I read the more ridiculous the ruling sounds and again without any modern day considerations of the world we live in today, sure sell everybody out because we are going to attach this to “speech” in the Constitution.  Couldn’t they do any better than that?  It is a very strange world we live in today with technology and algorithms running so much of what we do, but yet when we need a ruling and go to a judicial system, it appears to me from what I read we went back to Bedrock with Fred Flintstone to speak of.  Back in April I already wrote about the capability of any judicial system to rule adequately on the Healthcare law, one way or the other, as so much changed in a year.  Sure modifications are in order as you would have to be living under a rock not to see new developments over the last year, President gets it, but everybody else seems stuck in time. 

Healthcare Reform Law– Is Any Judge Fully Capable of A Decision on a Law That is Challenged By Constantly Changing Algorithms?

This is the deal.  I don’t even think most judges have the ability to interpret the mass of information that is given to them without some extreme mining software and queries.  What is also interesting too is to find the unknown conflicts of interest that judges have today, duh?  I just kind of wonder how they can make impacting legal decisions that affect all of us today and yet be totally out of touch with mergers and acquisition that take and change business models, sometimes with some new algorithms in 48 hours too.  Look at this link for 3 judges that had no clue on how the companies they were long time invested in had changed business models, acquired other companies and so forth…happening all over the place today. 

3 Judges in Health-Care Lawsuits Caught Up In Potential Conflict of Interest-It’s Called Subsidiary Watch-Be Aware of Your Investments With Mergers and Acquisitions

Harvard said in relationship to healthcare they were going to do a study about how mergers and acquisitions are affecting the healthcare business – What took so long to determine this needed a study I say as I have tons of what I call “subsidiary watch” posts that have been put on this blog for over 3 years.  I have been doing my own studies with posts on that subject and they are now just getting a clue on this?  Perhaps we had to hear enough stories in the news that exposed the digital illiterate and non informed before this really came to light. 

Judge In Health Care Lawsuit, Has Financial Ties To GOP Marketing Firm-Judges Need Some “Algo Men” on Board As Advisers to Sort Out Their Connected Interests

I looked around the web a bit to see what others had to say and ran across Dr. Wes who had a few comments that may have been in jest but when you think about it, how does the digital illiterate rule on this, do we just ignore technology and make ruling that are “denial laws” that hurt some and make others rich? 

“What interests me from this ruling is that the act of collecting this information -- the prescribing physician's name and address; the name, dosage, and quantity of the medication; the date and place where the prescription was filled; and the patient's age and gender -- was considered "speech" with the justices ruling that "the creation and dissemination of information are speech for First Amendment purposes."

Think about that: writing a prescription and disseminating that information is now "speech."
What I wonder, of course, will all our prescribing practices that are entered on an Electronic Medical Record, be they for a medical device, test, order, or request, similarly be classified as "speech" protected under the First Amendment? Might this ruling significantly impact a patient's right to privacy about their health condition as innumerable third parties can now access prescribing (aka, ordering) information in the blink of an eye electronically?”

Is writing a prescription considered “speech” and how about all the devices that create the data that is algorithmically created and sent to the companies to sell, are devices that report data called “speech” too?  Are we also going to give “robots” the speech clause too?  Denial? Big time because they are already out there doing it.  So again I look at these rulings and interpretations as being flat out of the dark ages with “non participants” in consumer technology today because if they participated we would have better rulings.  What does HIPAA say about the “speech” clause…can we just blow anything out there today and does this render HIPAA even more useless?  Again, either digital illiteracy or denial or maybe both were definitely included when you read the ruling, can’t miss it. 

Well let’s don’t stop here and see what some government agencies like the FDA are doing these days.  Do you eat Cheerios?  Did you the FDA calls it a drug.  So little Johnnie before he goes to school every morning eats a bowl of drugs.  Goodness forbid he tell his classmates and teacher that he gets a bowl of drugs every morning or the authorities with the context of this will be running out with sirens flaring for that Mom or Dad that gives their child a bowl of drugs every morning and with milk to boot.  This is right along the same lines as this Vermont ruling even though one is judicial and one is an agency opinion, both are just that opinions that bind.

Cheerios Classified as a “Drug” by the FDA

This is not totally the judicial system’s fault for all rulings as we have lawmakers creating new laws at all levels and we have the same issues with being participants and being up to date with consumer digital literacy and this in turn puts more stress on the legal system with trying to rule on some of odd laws that are rolling out of legislative arms everywhere.  Nobody wants this headache so many have retired to get out of the impossible interpretation rat race.  We all need to feel we make good and correct decisions today but this process keeps building on itself so good rulings are going the way side. 

Digital Illiteracy Continues With Lawmakers at State Levels–Insane Laws Proposed And Being Passed-Financial Puppeteers (Video)

By the way, did you know if you are using anti-perspirants that you are apply a drug under your arm every day…and this is actually kind of funny because many companies are out there trying to market products to make “pits” look better.  I really don’t care but I don’t like it when they stink and so I guess I use my drug every day.

Antiperspirants are Considered a Drug by the FDA – Recent Study looks at a connection possible between breast and prostate cancerimage

Now what is really strange at the Office of Patents and Copyright office is the fact that Pfizer could not get a copyright for their drug, Viagra and the reason given was that it was too similar to Horny Goat Weed, so get a load of that as the drug has been out there and prescribed and has been a best seller for years, but can it get copyrighted, nope but I bet that drug or bowl of Cheerios had not problem. <grin>.  See what digital illiteracy does for us today with people making decisions that affect all of us?  Be on your toes though as when Viagra goes off patent here there’s also a new ruling with generic drugs that those companies can’t be sued and that was in the news this week so FDA has few less teeth in their enforcement area today. 

We don’t know what end is up any more to include the judicial system.  To make an effective law and predict how and what areas will be affected we need high tech, like IBM Watson or some other high powered query system, and I have been saying this is needed at the root for Congress to use as a tool and the judges need the collaborative information to made a ruling that doesn’t look like it came out of Bedrock.  Technology and it’s use is going to keep moving along and in the process innocent consumers get fleeced and digital illiteracy of both are lawmakers and judicial system allow that to continue and Price Waterhouse somewhat verified this in their recent study. 

Study From Price Waterhouse States the U.S. Medical-Technology Business Is Losing It’s Edge-Time to Think About Priorities

From the lawmaking standpoint all we get is more talk on abortions, an item out of the 70s where they have some input or knowledge and with yesterday’s ruling in New York allowing gay couples doesn’t tell you we live in different times today with new values, I don’t know what else has to hit one over the head for a wake up call.  Investors today are having a hard time today too with banks over inflating social algorithms and creating this huge imbalance with more algo companies than those that produce tangible products and that’s problem with jobs, as so many start ups don’t last, maybe of 100 make it and all the rest lose their jobs and have to start all over again. I can ‘t take a Facebook pill when I am sick and get well, so tangibles in this and other areas needs investors, not social algorithms. 

Life and Healthcare A Big Batch of Non Balanced Algorithms With Insufficient Intellectual Interpretations–Tax Breaks Maybe For Those Producing Tangibles Vs Formulas

Coming back around to the topic here I think we are going about this in all the wrong ways as you can’t control those algorithms but we can certainly license and tax it and bring money back to the US in this way from those making millions doing so.  People make money all the time giving speeches and it’s income and is taxed so if this speech, let’s get a license fee out there and tax it and provide a public disclosure of all the companies selling and receiving data.  Pop that license right on the web site for both sides.  Make the tax an federal excise tax, just like we do for tires, etc. Again when people are hired to give a “speech” they pay taxes on that income so if this is speech with selling our data, let’s get some revenue back for the consumers and tax it heavily and those who are serious will pay and other will drop out. I wrote a bit more at the link below and there’s certainly more that could imagebe added.

Privacy Wanted–So Let’s Require Those Who Sell Web Data to Register and Tax the Transactions and Publicly Disclose Who They Sell To With a Federal Registry

Another post well worth reading is the idea that a credit agency is going to collect your personal data and sell it to insurance companies to predict if you are going to take your medication as a patient. THIS IS A TOTAL MIS MATCH OF QUERIES AND DATA THAT IS A FARCE TO BE MARKETED.  You know how this stuff gets any support though, see Cheerios above as an example of how distorted all of this gets and the insanity that develops.  No doubt FICO thinks their algorithms will help solve this problem with using your credit scores and other data to assign you a risk assessment and what you see there is a belief in their own insanity, but since it exists, well hey let’s market the insanity <grin> and that’s what they are doing and it will hurt you and I as far as access to medications as some other idiot out there will consider this to be decision making criteria and either give you a less effective cheaper drug based on this or maybe no treatment at all, as they are basically creating guidelines here to deny care and make money at it. If someone tells you repeated that 2+2=5 and pounds it into your head for an extended amount of time you start believing it and that’s what they are hoping for here to further fleece US citizens. 

FICO Analytics Press Release Marketing Credit Scoring Algorithms to Predict Medication Adherence–Update (Opinion)

FICO Credit Score Company Develops New Medication Adherence Scoring Program–Risk Management Assessment Algorithms Created to Derive Profits For Corporations–Fail!

Again are robots and devices that create data needing freedom of speech too?  If so everyone’s going to be creating automated systems to get and sell that data who has not done so already.  Digital illiteracy at the judicial system alive and well with a less than substantially informed decision. 

Have you had enough reading of insanity here yet?  It’s all around us and the digital illiterate are making it worse with insane decisions that are not applicable to the times we live in today and the more rulings they make like this, the worse it will get.  I hate write posts like this and it even spooks me out to see some of the crappy stuff I warned about with misuse and abuse of data back in 2009 now coming to shape as I predicted, again due to digital illiteracy and not knowing what runs on servers behind closed doors with nobody accountable. On days like this I am so very disappointed in our lawmakers and judicial system and some of the decisions they hand down, as right now with not being in touch, they kind grasp at straws to find a way to make sense and give a ruling to where there’s little to choose from and insanity and consumer fleecing continues. 

Those that sell and profit from out data I’m sure are jumping for joy as once more they have been able to coerce the levels of digital illiteracy in our country to fool them again. It goes on all the time and with being in denial and not being a user of consumer IT technology ,they get fooled again and don’t look too smart and of course consumers, (and geeks especially) see this as one more failure of our system and why we are going down the tubes.  I’m not alone but rather I just seem to speak a little louder at times than most and I try to be professional about it but try listening to some read hard core technology specialists and you will hear it loud and clear and everyone works their algorithms around weak laws and rulings to keep the money rolling in.  Right now marketing one’s ass of it showing a lot of pull in fooling decision makers as it’s a game as new law makers come in and they get to start all over and notice who gets the money backing, those leaders who digitally illiterate, as they are easier to manipulate.

Why Is Almost Everyone In Healthcare Marketing Their “Ass” Off

Here’s one judge that finally was honest and said that he needed more time to chase some algorithms as relates to the case against WellCare.

Judge Delays Trial of WellCare Ex General Counsel And States “It’s Complicated” And We Need Time to Chase the Algorithms

As long as we keep calling food articles, drugs, not allowing copyrights for prescription drugs that have been around forever and then see “speech” as a somewhat of an insanity ruling we have not hope to stop the insanity and the digital illiterate are out to busy us all, again ignorance at high scary level with decision makers in the US.  BD 

This week, in a 6-3 ruling, the U.S. Supreme Court struck down a Vermont law that restricts the sale or use of doctors' prescribing information for the purpose of marketing prescription drugs.

The decision is a significant victory for Norwalk-based IMS Health Inc., a leading drug data provider, and its co-respondents, data vendors Verispan LLC (now SDI Health LLC) and Source Healthcare Analytics Inc., and PhRMA, a drug industry trade group. They had challenged the law on First Amendment grounds, that it violated their constitutional right to free speech.

The Vermont law takes aim at a practice known as "prescription data mining," in which pharmacies sell electronic prescription records (with patients' names encrypted) to medical data providers. These companies extract data, such as physicians' prescribing habits, and sell them to pharmaceutical firms, which use them to tailor sales pitches to individual doctors. Vermont sought to curtail this practice to protect physician privacy and to reduce health care costs.

The Day - Connecticut drug data provider can sell prescription info, high court rules | News from southeastern Connecticut

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