Category: Marketing
Authorizations, Covered Entities, Marketing, Smaller Providers and Businesses
The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances:
The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances:
The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances:
The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances:
Marketing, Smaller Providers and Businesses
No. The HIPAA Privacy Rule excludes from the definition of “marketing” communications made to describe a covered entity’s health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the covered entity making the communication.
No. In a specific exception, the HIPAA Privacy Rule allows covered entities to distribute items commonly known as promotional gifts of nominal value without prior authorization, even if such items are distributed with the intent of encouraging the receiver to buy the products or services.
In face-to-face encounters, the HIPAA Privacy Rule allows covered entities to give or discuss products or services, even when not health-related, to patients without a prior authorization. This exception prevents unnecessary intrusion into the doctor-patient relationship.
No. The HIPAA Privacy Rule excludes from the definition of “marketing,” communications about replacements of, or enhancements to, a health plan.
The HIPAA Privacy Rule excludes from the definition of “marketing,” communications by a covered entity to describe the entities participating in a health care provider network or a health plan network.
The Privacy Rule makes it clear that nothing in the marketing provisions of the Privacy Rule are to be construed as amending, modifying, or changing any rule or requirement related to any other Federal or State statutes or regulations, including specifically anti-kickback, fraud and abuse, or self-referral statutes or regulations, or to authorize or permit any activity or transaction currently proscribed by such statutes and regulations.
Generally, no. To the extent the disease management or wellness program is operated by the covered entity directly or by a business associate, communications about such programs are not marketing because they are about the covered entity’s own health-related services.
Yes, if the communication is for the individual’s treatment or for case management, care coordination, or the recommendation of alternative therapies.
The Privacy Rule makes it clear that nothing in the marketing provisions of the Privacy Rule are to be construed as amending, modifying, or changing any rule or requirement related to any other Federal or State statutes or regulations, including specifically anti-kickback, fraud and abuse, or self-referral statutes or regulations, or to authorize or permit any activity or transaction currently proscribed by such statutes and regulations.
Yes, if the communication is for the individual’s treatment or for case management, care coordination, or the recommendation of alternative therapies.
In face-to-face encounters, the HIPAA Privacy Rule allows covered entities to give or discuss products or services, even when not health-related, to patients without a prior authorization. This exception prevents unnecessary intrusion into the doctor-patient relationship.
No. In a specific exception, the HIPAA Privacy Rule allows covered entities to distribute items commonly known as promotional gifts of nominal value without prior authorization, even if such items are distributed with the intent of encouraging the receiver to buy the products or services.
No. The HIPAA Privacy Rule excludes from the definition of “marketing,” communications about replacements of, or enhancements to, a health plan.
The HIPAA Privacy Rule excludes from the definition of “marketing,” communications by a covered entity to describe the entities participating in a health care provider network or a health plan network.
No. The HIPAA Privacy Rule excludes from the definition of “marketing” communications made to describe a covered entity’s health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the covered entity making the communication.
Generally, no. To the extent the disease management or wellness program is operated by the covered entity directly or by a business associate, communications about such programs are not marketing because they are about the covered entity’s own health-related services.
Marketing, Smaller Providers and Businesses, Marketing - Smaller Providers and Businesses
Alternative treatments are treatments that are within the range of treatment options available to an individual.
The provision of value-added items or services (VAIS) is a common practice, particularly for managed care organizations.
Alternative treatments are treatments that are within the range of treatment options available to an individual.
The provision of value-added items or services (VAIS) is a common practice, particularly for managed care organizations.
Alternative treatments are treatments that are within the range of treatment options available to an individual.
The provision of value-added items or services (VAIS) is a common practice, particularly for managed care organizations.
Marketing, Marketing - Refill Reminders, Smaller Providers and Businesses
Yes. It is not marketing for a doctor to make a prescription refill reminder even if a third party pays for the communication.
No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.”
Yes. It is not marketing for a doctor to make a prescription refill reminder even if a third party pays for the communication.
No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.”
Yes. It is not marketing for a doctor to make a prescription refill reminder even if a third party pays for the communication.
No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.”
Marketing, Smaller Providers and Businesses, Treatment, Payment, and Health Care Operations Disclosures - Smaller Providers and Businesses
No. In the specific case of face-to-face encounters, the HIPAA Privacy Rule allows health plans and their business associates to market both health and non-health insurance products to individuals.
No. In the specific case of face-to-face encounters, the HIPAA Privacy Rule allows health plans and their business associates to market both health and non-health insurance products to individuals.
No. In the specific case of face-to-face encounters, the HIPAA Privacy Rule allows health plans and their business associates to market both health and non-health insurance products to individuals.
Marketing, Smaller Providers and Businesses, Treatment, Payment, and Health Care Operations Disclosures
The overlap among common usages of the terms “treatment,” “healthcare operations,” and “marketing” is unavoidable.
The overlap among common usages of the terms “treatment,” “healthcare operations,” and “marketing” is unavoidable.
The overlap among common usages of the terms “treatment,” “healthcare operations,” and “marketing” is unavoidable.
Marketing
The Privacy Rule’s limitations on the use or disclosure of protected health information for marketing purposes do not exist in most States today.
Under the HIPAA Privacy Rule, a covered entity can share protected health information with a telemarketer only if the covered entity has either obtained the individual’s prior written authorization to do so, or has entered into a business associate relationship with the telemarketer for the purpose of making a communication that is not marketing, such as to inform individuals about the covered entity’s own goods or services.