Do we need authorization before using a patient’s PHI for marketing?
HIPAA Weekly Advisor, February 14, 2005
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Yes. The regulations state that covered entities (CEs) may not use or disclose PHI for communications considered marketing without an authorization from the individual.
However, the regulations recognize several types of communications not considered marketing for which you don't need prior disclosure:
- Communications to describe a 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 CE making the communication
- Communications for the treatment of the individual
- Communications for case management or care coordination for the individual
- A face-to-face communication made by a CE to an individual
- Promotional gifts of nominal value provided to the patient from the CE
Editor's note: Attorneys from Bricker and Eckler, LLP answered this question. This is not legal advice. Consult your attorney for legal matters.
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