Are communications concerning information to beneficiaries about government programs or government-sponsored programs "marketing" under the HIPAA Privacy Rule?

Answer

No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.” There is no commercial component to communications about benefits available through public programs. Therefore, a covered entity is permitted to use and disclose protected health information to communicate about eligibility for such programs as Medicare, Medicaid, or the State Children’s Health Insurance Program (SCHIP).