Are communications concerning information to beneficiaries about government programs or government-sponsored programs “marketing” under the HIPAA Privacy Rule?
No. Communications about government and government-sponsored programs do not fall [...]
May covered entities use information regarding specific clinical conditions of individuals in order to communicate about products or services for such conditions without a prior authorization?
Yes, if the communication is for the individual’s treatment or [...]
What effect do the “marketing” provisions of the HIPAA Privacy Rule have on Federal or State fraud and abuse statutes?
The Privacy Rule makes it clear that nothing in the [...]
Must insurance agents that are business associates of a health plan seek a prior authorization before talking to a customer in a face-to-face encounter about the insurance company’s other lines of business?
No. In the specific case of face-to-face encounters, the HIPAA [...]
Are health care providers required to seek a prior authorization before discussing a product or service with a patient, or giving a product or service to a patient, in a face-to-face encounter?
No. In face-to-face encounters, the HIPAA Privacy Rule allows covered [...]
Are prior authorizations required when a doctor or health plan distributes promotional gifts of nominal value?
No. In a specific exception, the HIPAA Privacy Rule allows [...]
What are examples of “alternative treatments” that are excepted from the HIPAA Privacy Rule’s definition of “marketing”?
Alternative treatments are treatments that are within the range of [...]
Can a doctor or pharmacy be paid to make a prescription refill reminder without a prior authorization under the HIPAA Privacy Rule?
Yes. It is not marketing for a doctor to make [...]
Can health plans communicate about health-related products or services to enrollees that add value to, but are not part of, a plan of benefits?
Yes. The provision of value-added items or services (VAIS) is [...]
Is it marketing for an insurance plan or health plan to send enrollees notices about changes, replacements, or improvements to existing plans?
No. The HIPAA Privacy Rule excludes from the definition of [...]