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Category |
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Privacy of Health Information/HIPAA
Authorizations
Marketing Uses and Disclosures
Smaller Providers/Small Businesses
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Date Updated |
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| 07/18/2003 11:55 AM |
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When is an authorization needed before a provider or health plan can market goods/services to me? |
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Question |
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When is an authorization required from the patient before a provider or health plan engages in marketing to that individual? |
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Answer |
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The HIPAA Privacy Rule expressly requires an authorization for uses or disclosures of protected health information for ALL marketing communications, except in two circumstances: (1) when the communication occurs in a face-to-face encounter between the covered entity and the individual; or (2) the communication involves a promotional gift of nominal value.
If the marketing communication involves direct or indirect remuneration to the covered entity from a third party, the authorization must state that such remuneration is involved.
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