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Can telemarketers gain access to protected health information and call individuals to sell goods and services?

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Can telemarketers gain access to protected health information and call individuals to sell goods and services?

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Under the HIPAA Privacy Rule, a covered entity can share protected health information with a telemarketer only if the covered entity has either obtained the individual’s prior written authorization to do so, or has entered into a business associate relationship with the telemarketer for the purpose of making a communication that is not marketing, such as to inform individuals about the covered entity’s own goods or services.

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