Thanks for the overwhelming response to my keynote presentation “Healthcare Marketing 101″ today at the Essentially Women “Focus on the Future” conference in Lexington.
Several participants came up afterwards and asked for the information that was on my HIPAA slide. (A quick disclaimer…I am not an official “HIPAA consultant”. All marketing concerns that you have related to HIPAA should be discussed with your compliance officer.)
Here’s the info that was on that slide…
- HIPAA stands for Health Insurance Portability and Accountability Act
- You may not be affected by HIPAA
- Must have prior written authorization to communicate for marketing purposes except for face-to-face encounters or communications involving promotional gifts (This should be a part of your privacy policy)
- Items that are not Considered “Marketing” under HIPAA
–Educational Communications
–Treatment Options
–Communications about your products & services
–General health announcements like health fairs, mammogram reminders, organ donation, etc - Cannot sell lists of patients to 3rd parties
- Bottom Line: No one knows…play it by ear…Ignorance is Bliss
In addition, here is some more in-depth information from the Department for Health and Human Services…
To the extent the disease management or wellness program is operated by the covered entity directly or by a business associate, communications about such programs are not marketing because they are about the covered entity’s own health-related services. So, for example, a hospital’s Wellness Department could start a weight-loss program and send a flyer to all patients seen in the hospital over the past year who meet the definition of obese, even if those individuals were not specifically seen for obesity when they were in the hospital. Moreover, 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.” Such communications may include population-based activities in the areas of health education or disease prevention. Examples of general health promotional material include mailings reminding women to get an annual mammogram; mailings providing information about how to lower cholesterol, new developments in health care (e.g., new diagnostic tools), support groups, organ donation, cancer prevention, and health fairs.
The final Rule requires a covered entity to obtain an individual’s prior written authorization to use his or her protected health information for marketing purposes except for a face-to-face encounter or a communication involving a promotional gift of nominal value. The Department defines marketing to distinguish between the types of communications that are and are not marketing, and makes clear that a covered entity is prohibited from selling lists of patients and enrollees to third parties or from disclosing protected health information to a third party for the marketing activities of the third party, without the individual’s authorization. The Rule clarifies that doctors and other covered entities communicating with patients about treatment options or the covered entity’s own health-related products and services are not considered marketing. For example, health care plans can inform patients of additional health plan coverage and value-added items and services, such as discounts for prescription drugs or eyeglasses.
You can find this along with some other information on a “HIPAA marketing fact sheet” from the federal government here.
Tags:: HIPAA, keynote speaker, marketing, healthcare marketing
