Marketing Involving PHI

The HIPAA Omnibus Rule made changes to the rules related to marketing involving PHI.  A marketing communication, as defined by HIPAA, is a communication about a product or service that encourages the recipient to purchase that product or service.  Previously, PHI could not be used or disclosed for a marketing communication without authorization unless

On Thursday, March 7, 2013, the Office of the National Coordinator for Health Information Technology and the Centers for Medicare and Medicaid Services (CMS) released a notice and request for information concerning using additional policy levers to accelerate the adoption of electronic health record systems (EHRs). In part, the agencies are looking to increase the number of provider practices satisfying the core requirements for Meaningful Use under the Health Information Technology for Clinical and Economic Health (HITECH) Act.

In the notice, the agencies state that they are looking to accomplish this acceleration by “engaging other policy areas” within the jurisdiction of the U.S. Department of Health & Human Services (HHS), and may include a combination of incentives, payment adjustments, and new requirements. The agencies have identified three main areas in which to use the policy levers: