Q: Our rehabilitation department has access to patients' records, including a roster containing their addresses. May rehabilitation department employees obtain patient addresses from this list to send holiday or birthday cards?
HIPAA Weekly Advisor, May 12, 2008
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A: I would be wary of this practice. The HIPAA privacy rule does not specifically prohibit it, but this practice may cause patients to speculate about other potential uses of their information without permission.
If your rehabilitation department employees want to continue this practice, I would recommend that they inform patients of this use in the department’s consent-to-treat form.
The form could state that the department sends its patients birthday and holiday cards, but that patients may elect not to receive them.
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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