The best method to proceed with the desired marketing is to add an explanatory statement about the participation in these business arrangements within the necessary HIPAA Patient Acknowledgement form. Entities must ensure the phrasing is concise, simple, while stating the patient advisement in agreement with the current HIPAA legislation. Often highly encouraged is to include a Third Party Remuneration paragraph just in case of participation in third party compensation promotions or programs. This rhetoric can be suitably customized but must clearly advise patients of participation in all programs that provide repayments.
Much the same, Business Associates who receive similar payment models must also receive patient authorization, even in cases where the covered entity receives no gains. All addressable under the Omnibus Rule are four special cases to making use of PHI in marketing efforts:
1. Direct Marketing
Firsthand, personal marketing communications are actually not liable to the authorization requirement, such as a pamphlet presentation to a consumer.
2. Refill Reminders
Excluded from patient consent are reminders for refill services. There is a catch though; Omnibus Rules states compensation for a refill reminder service must be sensibly related to the covered entity’s cost. Specifically, these costs are limited to supplies, labor, and postage. Additionally, there are other services similarly classified: generic equivalents communication, directed medication adherence, self-administered biologics or drugs, and delivery systems, such as an insulin pump.
Payments in absence of actual money or payments that execute a disease management program are admissible.
4. Reasonable Propaganda
Everyone loves presents, but be mindful as to what is legally admissible and inadmissible. Miniscule valued propaganda gifts are not bound to the authorization requirement.
**There you have it. Those are the four special cases to marketing with PHI. Hopefully this was insightful, and provides a sense of necessary awareness. HIPAA and all of its accompanying mandates are intense and complex. At Datica, we are trying to simplify as many of these convoluted healthcare topics as possible so you don’t have to. Don’t do it solo! You are not alone in feeling overwhelmed by the incessant twists and turns of this industry. Many healthcare professionals feel the same way. That is our motivation. **