Q: As flu season begins, we're concerned about our asthma patients, because they are a high-risk group. May we send them a notice about our flu vaccine clinics and encourage them to obtain a flu shot? Or would is this considered this targeted marketing?
HIPAA Weekly Advisor, November 26, 2007
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A: This is permissible under HIPAA's privacy rule. HIPAA's definition of marketing excludes communication made to describe a health-related product or service provided by a covered entity and those made for treatment of the individual.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney for legal matters.
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