tci Medicare Compliance & Reimbursement - 2022 Issue Q2

Reader Question: Factor HIPAA Into Your Practice Marketing Policies

Question: Our small practice often sends out annual reminders to our patients about things like flu season, heart health, or mammograms. Would these be considered marketing under the HIPAA Privacy Rule? Pennsylvania Subscriber Answer: No. Wellness programs and annual reminders that promote population health or preventative medicine are not considered “marketing” by the HIPAA Privacy Rule standards. “A communication that merely promotes health in a general manner and does not promote a specific product or service from a particular provider does not meet the definition of ‘marketing,’” notes the HHS Office for Civil Rights...

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