Are communications concerning information to beneficiaries about government programs or government-sponsored programs “marketing” under the HIPAA Privacy Rule?
No. Communications about government and government-sponsored programs do not fall within the definition of “marketing.” There is no commercial component to communications about benefits available through public programs. Therefore, a covered entity is permitted to use and disclose protected health information to communicate about eligibility for such programs as Medicare, Medicaid, or the State Children’s Health Insurance Program (SCHIP).
Related Questions
- Are communications concerning information to beneficiaries about government programs or government-sponsored programs "marketing" under the HIPAA Privacy Rule?
- Do school health programs that must comply with the Transaction Rule also have to comply with the HIPAA Privacy and Security Rules?
- What are the individual rights which HIPAA privacy rules give to plan participants and beneficiaries?
