Protecting patient information is an important task for any healthcare provider. The Heath Insurance Portability and Accountability Act (HIPAA), also known as the Individually Identifiable Health Information Privacy Standard, was passed by the United States Congress in 1996. It was the first act to provide national standards for the use of patient health information. This privacy rule outlines limits for the use of your personal health information, including specific guidelines for ensuring HIPAA compliance. To market under HIPAA, there are some privacy rules to protect patients. According to HIPAA, marketing is defined as “a communication about a product or service that encourages recipients to purchase or use the product or service”2. This definition can include any type of marketing communication. Marketing also includes where a covered entity is paid by a third party for patient health information that it can use for its own purposes. It also covers instances in which an associate communicates with and encourages patients to purchase or use their product or service. Covered entities, which include healthcare providers, health plans, and healthcare clearinghouses, must receive authorization to use patient health information for marketing purposes, but there are a few exceptions to this rule. Marketing activities permitted without prior authorization include face-to-face meetings and low-value promotional gifts, such as pens or mugs. A good example of this would be a covered entity that offers new mothers a free sample of baby products when they leave the hospital. Covered entities can discuss the health benefits of a product or service for a patient, as well as describe health plan options, ... in the center of the document ... important for the health care provider to understand when the Authorization from the patient must be obtained and when it is not necessary. Knowledge of the HIPAA Privacy Rule is essential for any healthcare provider and their staff to ensure all marketing communications are HIPAA compliant. Works Cited1) Association for Health Philanthropy. Question 5 – Newsletter, patient education. Retrieved from http://www.ahp.org/advocacy/us/HIPAA/Analysis/Pages/Question5Long.aspx2) Direct Marketing Association (2002, August). The privacy provisions of the Health Insurance Portability and Accountability Act. Retrieved from http://www.dmaresponsibility.org/HIPPA/#III13) Johnson, P. (2011, September 6). HIPAA: How does it relate to marketing? Retrieved from http://www.oandp.com/blogs/marketing-matters/post/HIPAA-How-Does-It-Relate-to-Marketing.aspx
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