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, AMNews 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.

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.