Marketing do's and don'ts under the privacy law

The privacy rules bar physicians from sharing or selling patient information or patient lists for marketing purposes without authorization.

By Joel B. Finkelstein, amednews staff. March 10, 2003.

HIPAA Minute
A series of brief explanations to help physicians prepare for the medical privacy rule, effective April 14, 2003.

To stay on the right side of the patient privacy law, physicians will have to know the difference between marketing and communications for treatment purposes.

With a few exceptions, doctors should not take money for sharing patient information or otherwise participate in marketing efforts by third parties. But doctors can freely discuss treatment options with patients without running afoul of the federal rule, a part of the Health Insurance Portability and Accountability Act.

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Referrals to specialists for treatment or further testing are not considered marketing.

Neither are referrals to disease management, health promotion, preventive care or wellness programs. Doctors also need not fear sharing medical records with several such programs to determine which is best for their patients.

Physicians are allowed to give their patients free samples of prescription drugs without it being considered marketing under the rule, which goes into effect April 14.

Communications, such as mailings or pamphlets, that address good health in general without promoting a specific product are also acceptable. This includes providing information on lowering cholesterol, screening recommendations, new diagnostic technologies, support groups, organ donation and cancer prevention.

In face-to-face treatment discussions, doctors are allowed to chat with patients about products or services, even if the topic is not strictly health-related. This exception is designed to ensure that the rule does not intrude on the doctor-patient relationship.

Under this exception, doctors' offices also can put out magazines, pamphlets and brochures for patients to read during visits or take home.

Physicians also may talk to patients about alternative medicine treatment options.

The rule does bar physicians from selling patient information or lists of patients to a third party for marketing purposes without authorization. This is also true for sharing patient information with telemarketers.

For example, a physician should not send a list of patients to a pharmaceutical company so that the company can mail discount coupons to the patients. But doctors may receive reimbursement from a third party for sending out reminders to patients to refill their prescriptions.

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